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U.S. Supreme Court Strikes down USPTO’s Request for Attorney’s Fees

Posted in IP, Patent Law, Uncategorized

In a unanimous ruling, the U.S. Supreme Court in Peter v. NantKwest, case number 18-801, struck down the U.S. Patent and Trademark Office’s (USPTO) recent and often-criticized effort to recoup its legal fees – even in cases it loses – because it violates the so-called American Rule, which says U.S. litigants must typically pay for… Continue Reading

Bridgestone Brands, LLC v. Firestone Public House, LLC: Battle of the Brands

Posted in Uncategorized

Just over two months ago, Sacramento’s beloved Firestone Public House was sued by multinational conglomerate Bridgestone Brands, LLC for trademark infringement, trademark dilution, and unfair competition based upon Firestone’s use of the FIRESTONE mark. I initially found this dispute to be quite interesting in light of what I appeared to be vastly different groups of… Continue Reading


Posted in Legal Info, Uncategorized

By Audrey Millemann California’s unfair competition and consumer protection laws protect consumers from false representations about products or services.  These laws include the Unfair Competition Law (Business and Professions Code §17200, et seq.), the False Advertising Law (Business and Professions Code §17500, et seq.), and the Consumer Legal Remedies Act (Civil Code §1750).  Lawsuits for… Continue Reading

33 Weintraub Tobin Attorneys Named Among 2016 Super Lawyers and Rising Stars

Posted in Uncategorized

Super Lawyers has released its Northern California, Southern California, and San Diego lists of outstanding attorneys for 2016, on which 33 Weintraub Tobin attorneys have been included. Three Weintraub Tobin attorneys received special honors in their respective regions. To learn more, click here:

ISPs That Ignore Notices From “Copyright Trolls” Risk Losing DMCA Safe Harbor Protections

Posted in Copyright Law, Uncategorized

Representing copyright owners attempting to enforce online infringement is often routine, but can sometimes prove challenging. This tends to be the case when a content owner is trying to address large scale infringement of one or multiple works. Most often ISPs are cooperative, but on occasion an ISP may resist responding to a content owner… Continue Reading

The Power of the Press Release II: A Suggestion For Heightened Scrutiny of Governmental Prosecutorial Pre-trial Public Announcements

Posted in Legal Info, Uncategorized

In Russell G. Ryan’s recent thoughtful article in the Wall Street Journal entitled “Get the SEC Out Of The PR Business,” he raised several issues that resonate well beyond the practices of the SEC and into the world of advertising law, direct marketing and FTC enforcement actions. See The gist of Ryan’s article is… Continue Reading

New Jersey Woman Refuses to “Let It Go.”

Posted in Uncategorized

You don’t have to be a Disney enthusiast like myself to be familiar with its latest blockbuster franchise, Frozen.  To date, the film has grossed over 1.2 billion dollars in worldwide box office revenue, making it the highest-grossing animated film of all time, and the fifth highest-grossing film overall.  The fact is, Frozen has taken… Continue Reading

Who Owns Facebook “Likes” on Your Page

Posted in Uncategorized

The answer may surprise you. This dispute over ownership of Facebook ‘likes’ pits the creator of a fan Facebook page for a TV show against the television network that owns the show.  The facts of the dispute are as follows:   From 2008, the CW Network broadcasted the television series “The Game”, a dramatic comedy about… Continue Reading

Regulation Creep In The Nanny State:The Proposed Not-So-Safe-Harbor Enactment In Proposition 65 Advertising Regulations

Posted in Uncategorized

David Gabor is a shareholder at Weintraub Tobin. He is a trial lawyer and represents production companies, infomercial companies, direct response companies and multi-level marketing organizations asto both operational and compliance matters. In particular, David is focused on advertising and compliance issues, including FTC counseling and litigation, class actions, and multi-agency governmental compliance involving the marketing… Continue Reading

Federal Circuit Relies on KSR (Again)

Posted in Uncategorized

By Audrey Millemann In Tokyo Keiso Company, v. SMC Corporation, 2009 WL 59769 (Fed. Cir. 2009)the Federal Circuit has again relied on the Supreme Court’s decision in KSR in invalidating a patent for obviousness. The plaintiff, Tokyo Keiso, is the owner of a patent that covers a volume flow meter that measures the volume of… Continue Reading

IP Resolutions for 2006

Posted in Uncategorized

By Scott Hervey As 2005 comes to a close, it is time for companies to make resolutions regarding their intellectual property. These resolutions apply both to companies that have never taken serious steps to protect intellectual property, and those companies that have an understanding of the value of intellectual property and take active steps to… Continue Reading

From Idea To Launch

Posted in Uncategorized

By Julie Garcia #160 #160#160 #160#160 #160#160 #160The path from original idea to market launch of a product can be a long and arduous road. There are many hurdles that must overcome prior to the launch and distribution of a product. The path usually begins in the mind of a few creative individuals or a… Continue Reading

Microsoft Prevails in Fight Over Prior Art

Posted in Uncategorized

By Audrey Millemann #160 #160#160 #160#160 #160#160 #160A recent decision by the Federal Circuit Court of Appeals is a victory for Microsoft Corporation and clarifies an issue of invalidating prior art. #160 #160#160 #160#160 #160#160 #160In Eolas Technologies Inc. v. Microsoft Corporation (Fed.Cir. March 2, 2005), the University of California and its exclusive licensee, Eolas… Continue Reading