In Apple Inc. et al. v. Hirshfeld, case number 5:20-cv-06128, in the U.S. District Court for the Northern District of California, the Court upheld the Patent Trial and Appeal Board’s (PTAB) practice of denying patent reviews due to looming trials in district court.
Continue Reading District Court Dismisses Challenge to PTAB’s Discretion to Deny Inter Partes Review

In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss the latest developments in the trademark dispute between the Cleveland Guardians Baseball Company – formally the Cleveland Indians – and the Cleveland Roller Derby.
Continue Reading Guardians of the Trademark: Cleveland Baseball Team and Cleveland Roller Derby Team Clash Over IP

On Tuesday, October 26, 2021, Cleveland Roller Derby filed suit against the Cleveland Guardians Baseball Company, LLC, which is the entity formerly known as the Cleveland Indians Baseball Company, over its intent to rebrand the baseball team as the Cleveland Guardians. According to Cleveland Roller Derby’s complaint in the United States District Court for the Northern District of Ohio, there cannot be two Cleveland Guardian teams in Cleveland, and it was the first. As a result, it is seeking an injunction precluding the baseball team from using the trademark. According to Cleveland Roller Derby, a non-profit entity, despite being valued at over $1 billion, the baseball team is trying to bulldoze the roller derby team’s superior trademark rights to the Guardians name.
Continue Reading Baseball Versus Roller Derby – Cleveland’s Battle for the Guardians Trademark

In this week’s episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss a trademark infringement lawsuit filed by 1-800 Contacts that accuses Warby Parker of buying search-engine keywords for “1-800 Contacts” to misdirect customers to its competing online store.
Continue Reading Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit