An inter partes review (IPR) is a procedure in the Patent Trial and Appeal Board (PTAB) whereby a U.S. patent can be challenged in the Patent and Trademark Office (PTO). Although a patent can be challenged in federal district court, an IPR is an expedited and less costly procedure than federal court litigation. An IPR is like a mini-trial, as the Board must make a decision within one year. Thus, an IPR is a useful method for a defendant in a patent litigation lawsuit to invalidate the patent in issue.

Continue Reading Rules to Challenge Patents May Loosen Up

The Anne of Green Gables Licensing Authority is accusing a New York theater production company of trademark infringement for producing a show titled ‘Anne of Green Gables – The Musical.’ Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog.

Continue Reading The Briefing by the IP Law Blog: Trademark Claim Over ‘Anne of Green Gables – The Musical’ Hits Sour Note With NY Producer

In Ventex Co., Ltd. v. Columbia Sportswear North America, Inc., IPR2017-00651 (PTAB Apr. 12, 2023) (per curiam), the Patent Trial and Appeal Board (the “Board”) found that petitioner Ventex Co., Ltd.’s (“Ventex) failure to disclose the existence of an agreement with a time-barred real party in interest unnecessarily delayed the proceedings and awarded over $32,000 in sanctions to the patent owner Columbia Sportswear North America, Inc. (“Columbia”).

Continue Reading PTAB Finds Petitioner’s Failure to Disclose Relationship with Real Party in Interest Warrants Substantial Monetary Sanctions

The NFL and Las Vegas Raiders threatened to sue a local law firm for trademark infringement, after the firm hired one of its athletes to appear in an advertisement with black and silver branding. Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog.

Continue Reading The Briefing by the IP Law Blog: Law Firm Sues Las Vegas Raiders for Threatening Trademark Infringement Claim

A dispute has emerged between the NFL, the Las Vegas Raiders, and the Dimopoulos Law Firm over the NFL and the Raiders threatening to sue the firm for trademark infringement. The law firm claims it has been using a black and silver color scheme to promote its services since its inception in 2012. However, after hiring three professional athletes, including Maxx Crosby of the Las Vegas Raiders, to appear in a new advertisement, the NFL sent a cease-and-desist letter to Dimopoulos accusing the firm of unauthorized use of the Raiders’ marks. The complaint states that the advertisement did not feature any logos or trademarks of the NFL, the Raiders, or any other sports teams, and the disclaimer on the Dimopoulos Law Firm website and YouTube page make it clear that the firm is not affiliated with the NFL. Below we analyze the grounds of the dispute and the legal implications of the case.

Continue Reading The NFL, the Raiders, and A Law Firm: A Tale of Two Colors