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Articles on this Page
- 03/20/17--17:00: _Laches not availabl...
- 03/21/17--17:00: _Copyright protectio...
- 05/15/17--14:37: _A Multi-Layered App...
- 05/26/17--12:53: _TC HEARTLAND LLC v....
- 06/09/17--08:03: _Resistance is Futil...
- 06/15/17--09:14: _SPEEDY JUSTICE: TTA...
- 06/29/17--08:03: _IT STARTED WITH A M...
- 07/12/17--11:23: _UNITED STATES SUPRE...
- 08/18/17--09:33: _UNDER THE 2EA: TTAB...
- 08/18/17--11:08: _SKIPPING THE PATENT...
- 09/12/17--08:11: _GOOGLE INC. v. EQUU...
- 10/21/17--17:24: _CHEERIOS YELLOW BOX...
- 11/03/17--17:05: _IT’S A BIRD, IT’S A...
- 11/16/17--11:30: _Technology Evolutio...
- 05/15/17--14:37: A Multi-Layered Approach to Packaging Protection
- 05/26/17--12:53: TC HEARTLAND LLC v. KRAFT FOODS GROUP BRANDS LLC
- 06/15/17--09:14: SPEEDY JUSTICE: TTAB REVERSES REFUSAL TO REGISTER CROSBY QUIC-TAG
- 09/12/17--08:11: GOOGLE INC. v. EQUUSTEK & THE SUPREME COURT OF CANADA
- 10/21/17--17:24: CHEERIOS YELLOW BOX REJECTED FOR TRADEMARK REGISTRATION
In a 7-1 decision on March 21, 2017, in the case of SCA Hygiene Products AB v. First Quality Baby Products LLC, the United States Supreme Court reversed an en banc decision of the Court of Appeals for the Federal Circuit and held that the equitable defense of laches was not available to defeat a […]
On March 22, 2017, the United States Supreme Court in the case of Star Athletica LLC v Varsity Brands LLC affirmed a decision of the Sixth Circuit Court of Appeals that copyright protection could exist in surface ornamentation of cheerleader’s uniforms. The case therefore addressed the long-stated conundrum of why is it that one can […]
The way in which a product looks or how it is packaged and sold can often be a driving force in the consumer’s purchasing decision. Yet, the intellectual property rights available for product designs and packaging are anything but straightforward in view of the multiple means of protection within the United States as well as […]
Introduction In its decision of May 22, 2017 in Heartland v. Kraft, the United States Supreme Court held that the specific venue provisions applicable to Patent infringement (28 U.S.C. 1400 (b)) limited the courts in which a domestic corporation could be sued for patent infringement to those in the state in which the corporation was […]
Axanar will finally beam down to YouTube after CBS and Paramount Pictures (“Paramount”) reached a settlement with Axanar Productions to end all ongoing litigation regarding the Star Trek fan film. After the success of their 21-minute fan film entitled Prelude to Axanar, which had debuted at San Diego Comic-Con in 2014, the company raised $1.13 […]
In a non-precedential decision in In re The Crosby Group LLC, Serial 86780353 (April 17 2017), the Trademark Trial and Appeal Board (TTAB) held that there was no likelihood of confusion between the applicant’s CROSBY QUIC-TAG mark for, among other things, radio frequency identification (RFID) tags for material lifting equipment in Class 9 and the […]
The post SPEEDY JUSTICE: TTAB REVERSES REFUSAL TO REGISTER CROSBY QUIC-TAG appeared first on Ladas & Parry LLP.
In a non-precedential decision in In re Me and the Mouse Travel LLC, Serial 76717725 (April 21 2017), the Trademark Trial and Appeal Board (TTAB) held that a mark combining the word ‘Mouse’ with the depiction of a narrow arm with a white-gloved hand was not a close enough approximation of the iconic Mickey Mouse […]
The post IT STARTED WITH A MOUSE: TTAB REVERSES REFUSAL OF APPLICATION BY ME AND THE MOUSE TRAVEL appeared first on Ladas & Parry LLP.
In 1628, Lord Coke in his “Institutes of the laws of England” summarized the common law on restraints on the alienation of chattels stating that any attempt by a seller to restrict resale or use of the chattel after selling it was “voide, because … it is against Trade and Traffique, and bargaining and contracting […]
The post UNITED STATES SUPREME COURT DECISION IN IMPRESSION PRODUCTS INC. V LEXMARK INTERNATIONAL INC. appeared first on Ladas & Parry LLP.
In a precedential decision in In re United Trademark Holdings, Inc, Serial 86836082 (June 13 2017), the Trademark Trial and Appeal Board (TTAB) has held that LITTLE MERMAID used in connection with “dolls” in Class 28 is merely descriptive under Section 2(e)(1) of the Trademark Act because it is understood by consumers to be a […]
The post UNDER THE 2EA: TTAB HOLDS LITTLE MERMAID MERELY DESCRIPTIVE FOR DOLLS appeared first on Ladas & Parry LLP.
On June 12, 2017, in a unanimous decision authored by Justice Thomas in Amgen Inc. v. Sandoz Inc., the United States Supreme Court considered the complex statutory scheme that attempts to expedite resolution of patent disputes that might affect the marketing of generic versions of biological drugs (so-called “biosimilars” that are made by living organisms […]
In the case of Google Inc. v. Equustek, the Supreme Court of Canada has upheld the grant of a preliminary injunction by the Court of Appeals of British Columbia ordering Google to de-index on a global basis websites of a party accused of passing off the plaintiff’s goods and misusing its trade secrets. The question […]
The post GOOGLE INC. v. EQUUSTEK & THE SUPREME COURT OF CANADA appeared first on Ladas & Parry LLP.
In a precedential decision on August 22 2017, the Trademark Trial and Appeal Board (TTAB) in In re General Mills IP Holdings II, LLC (Serial 86757390) held that the applicant did not provide sufficient evidence to support the claim that its iconic yellow box in which Cheerios cereal is packaged had acquired sufficient distinctiveness to […]
The post CHEERIOS YELLOW BOX REJECTED FOR TRADEMARK REGISTRATION appeared first on Ladas & Parry LLP.
In a non-precedential decision in DC Comics v Deanna Rivetti (Opposition 91219851, August 17 2017), the Trademark Trial and Appeal Board (TTAB) sustained an opposition to the registration of Application Number 86240703 for SUPER WOMAN OF REAL ESTATE for “real estate procurement for others” in Class 36 and held that the mark was likely to […]
Media companies have changed the way they provide their goods and services to consumers as a result of ongoing evolutions in technology. A magazine that once distributed print copies may now provide access to its articles and advertisements online. Record labels went from reel-to-reel, vinyl and 8-track to audio cassettes and optical discs to MP3 […]