Patently-O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]

Litigation 126

Litigation Reporting Settlement Government 126

Patent Trademark Blog

APRIL 17, 2023

Trademark Opposition Cost: Can a precise estimate fit all TTAB cases? Before we discuss cost factors, recognize that a precise trademark opposition cost is both unrealistic and unhelpful in most cases. You can think of a TTAB trademark opposition as a mini-litigation between the opposer and the trademark applicant.

Trademark 95

Trademark Settlement Litigation Blogging 95

Traverse Legal Blog

JULY 14, 2022

There are three distinct elements necessary to establish a trademark infringement claim; use, in commerce and likelihood of confusion. Once you have determined that your trademark is likely being infringed, there are a few different enforcement options you can pursue. Were you using your trademark before the alleged infringer?

Cease and Desist 98

Cease and Desist Trademark Litigation Intellectual Property 98

IP Watchdog

APRIL 25, 2023

What was not a part of these discussions were the implications to Fox’s trademark, FOX NEWS®. million settlement and the subsequent departure of Tucker Carlson—it could cost their name and brand. Claims of defamation, damages of $1.6 This case, even though it just settled, may have just cost Fox News a lot more than the $787.5

Trademark 124

Trademark Settlement Branding Brands 124

IP Watchdog

JANUARY 18, 2023

Engagement in proactive IP litigation by global companies is the bedrock of trademark enforcement, and Adidas is no stranger to this strategy. Since 2008, this athleisure accessories manufacturer has consistently protected its intellectual property by signing over 200 settlement agreements and fighting more than 90 court battles.

Intellectual Property 122

Intellectual Property Settlement Litigation Trademark 122

The IP Law Blog

JANUARY 5, 2023

Do defendants and the court have the right to ask who is funding a particular patent litigation? The party must identify the third-party funder and whether the third-party funder has the right to approve litigation or settlement decisions. The issue arose as a result of two standing orders issued by Judge Connolly.

Litigation 98

Litigation Patent Confidentiality Settlement 98

Plagiarism Today

AUGUST 11, 2021

Not only does fashion enjoy very limited copyright protection in the United States, but Stein is a Chinese company, making any litigation even more difficult. Instead, fashion designers have relied heavily on trademarks to protect their work. The two sides reached a settlement mere days before the trial was set to begin.

Plagiarism 264

Plagiarism Designs Design Copying 264

IP and Legal Filings

OCTOBER 26, 2023

Introduction Trademarks are an important division of Intellectual Property Rights (IPR) as it considerably contributes in identification and promotion of a product. A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices.

Cease and Desist 105

Cease and Desist Trademark Registering Trademarks Business 105

Technology & Marketing Law Blog

MARCH 13, 2022

LVSA sued Groupon for trademark infringement. Melwani sued Amazon for trademark infringement, dilution, and more. With respect to the trademark claim, the court says the Ninth Circuit’s Multi-Time Machine v. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. Purchaser Care.

Trademark 110

Trademark Advertising Advertising Settlement 110

Technology & Marketing Law Blog

FEBRUARY 16, 2022

Edible Arrangements objected to Google selling its trademark to trigger keyword ads. They filed a trademark lawsuit in 2018 but abandoned the suit when it got sent to arbitration. The court says that trademark law: permits the use of trade names as long as referencing other brand names does not confuse consumers and is not deceptive.

IP 141

IP Advertising Advertising Trademark Law 141

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. The trademark owner memorably (and ridiculously) characterized the rival as engaging in “keyword conquesting,” a term I encourage you never to use. The court already sent that trademark claim to the jury ( my blog post on that ruling ).

Trademark 98

Trademark Advertising Advertising False Advertising 98

Technology & Marketing Law Blog

JUNE 29, 2022

17 years later, I’m still blogging their ignoble trademark lawsuits. Some “highlights” of 1-800 Contacts’ trademark jurisprudence over the years: 1-800 Contacts v. Unfortunately, that’s standard operating procedure in trademark cases. WhenU (2d Cir. This accords with the uncited Habush case.

Trademark 111

Trademark Advertising Advertising Blogging 111

Technology & Marketing Law Blog

OCTOBER 9, 2024

Whatever legal ambiguity might have existed then has been decisively resolved, at least with respect to competitive keyword ads that don’t use the trademark in the ad copy. Courts almost never found trademark infringement in those cases, but it was only in the last decade that we started to get opinions saying this bluntly and clearly.

Advertising 98

Advertising Advertising Trademark False Advertising 98

SpicyIP

FEBRUARY 23, 2025

ANI-OpenAI litigation. Amreek Singh In an interesting order, the Delhi High Court vacated an injunction granted to DCM Shriram for its 303 and 404 trademark. The defendant also claimed prior use, and that 303 and 404 are widely recognised trademarks for seed varieties. on 14 February, 2025, (Delhi HC) Manash Lifestyle Pvt.

Confidentiality 59

Confidentiality Trademark Copyright Infringement Music 59

SpicyIP

FEBRUARY 23, 2025

ANI-OpenAI litigation. Amreek Singh In an interesting order, the Delhi High Court vacated an injunction granted to DCM Shriram for its 303 and 404 trademark. The defendant also claimed prior use, and that 303 and 404 are widely recognised trademarks for seed varieties. on 14 February, 2025, (Delhi HC) Manash Lifestyle Pvt.

Confidentiality 52

Confidentiality Trademark Copyright Infringement Music 52

IP Watchdog

JUNE 27, 2023

Patent and Trademark Office’s (USPTO’s) Advance Notice of Proposed Rulemaking (ANPRM) on “Discretionary Institution Practices, Petition Word-Count Limits, and Settlement Practices for America Invents Act Trial Proceedings before the Patent Trial and Appeal Board [PTAB]” was Tuesday, June 20. patent system.

Settlement 129

Settlement Patent Invention IP 129

BYU Copyright Blog

SEPTEMBER 2, 2022

Seuss"), the successor to the author's intellectual property interests, filed suit against ComicMix LLC, the creator of the mashup, for both copyright and trademark infringement. Seuss Enterprises, L.P.

Settlement 52

Settlement Fair Use Intellectual Property Copyright Infringement 52

Technology & Marketing Law Blog

DECEMBER 19, 2021

Earlier this year, I blogged a ruling holding that Seeking Arrangements’ trademark infringement claim against Luxy could proceed because Luxy included Seeking Arrangements’ purported trademarks in its keyword metatags. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

Advertising 111

Advertising Advertising Settlement Trademark 111

Technology & Marketing Law Blog

NOVEMBER 22, 2022

Three cases have filed a “notice of settlement,” though some of the other dismissals may reflect undisclosed settlements. Number of claims[FN] containing the word: “Trademark” = 6. There have not been any “final determinations” yet. Three cases have reached the Scheduling Order stage.

Copyright 145

Copyright Fair Use Settlement Blogging 145

JD Supra Law

JULY 5, 2024

Patent and Trademark Office (“PTO”) rule that would mandate the disclosure of all settlement agreements made between parties appearing before the Patent Trial and Appeal Board (“PTAB”). Introduction - On June 18, 2024, the Federal Trade Commission (“FTC”) unanimously agreed to submit a comment supporting a recent proposed U.S.

Settlement 68

Settlement Litigation Patent Trademark 68

Technology & Marketing Law Blog

NOVEMBER 28, 2022

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. So, what exactly is the trademark owner fighting for here? This is a bad ad buy by Allied, AND it’s a bad trademark enforcement decision by Porta-Fab. So why did I say the case was stupid?

Advertising 111

Advertising Advertising False Advertising Trademark 111

Technology & Marketing Law Blog

MAY 13, 2023

Kudos to Nicolet Law for surviving the motion to dismiss, but I’m wondering if it will ultimately regret filing this lawsuit–either because its trademark gets busted or because it made a federal case out of nothing. Troia * Trademark Owner F s Around With Keyword Ad Case & Finds Out–Las Vegas Skydiving v. LoanStreet v.

Law 105

Law Advertising Advertising False Advertising 105

Technology & Marketing Law Blog

JANUARY 9, 2022

GmbH as potentially a trademark troll due to their high litigation volume and dubious litigation tactics. Dear [smiley]” formed a settlement agreement. When the symbols “include something in addition to common tropes and shapes,” and even then, the registrations should only preclude verbatim copying.

Law 145

Law Registration Settlement Litigation 145

Technology & Marketing Law Blog

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money.

Trademark Law 111

Trademark Law Trademark IP Blogging 111

Technology & Marketing Law Blog

OCTOBER 6, 2024

July 31, 2024) The trademark owner Alsa sells chrome paint. Walmart doesn’t carry the trademark owners’ items. In searches for the trademarks in Walmart’s internal search engine, Walmart only shows unrelated items–not items from the trademark owner or any competitors. Walmart Inc. Cites to Sen v.

Advertising 98

Advertising Advertising False Advertising Trademark 98

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

Troia claimed that he did not use the LoanStreet trademark in commerce. However, the court points out that he referenced the trademark in keyword ads (the court cites Google’s upper-left labeling to reinforce the point), which normally would be a use in commerce. Penn Engineering asserts trademark rights in the term “PEM.”

False Advertising 129

False Advertising Advertising Advertising Trademark 129

LexBlog IP

JULY 26, 2021

trademark opposition proceedings can be done within budget. Here’s just one important fact to consider: While the cost of a fully-litigated trial on the merits before the U.S. Here’s just one important fact to consider: While the cost of a fully-litigated trial on the merits before the U.S. Jurisdiction.

Trademark 52

Trademark Settlement Registration Litigation 52

Patent Trademark Blog

JUNE 2, 2023

How can you realistically enforce your trademarks? Trademark enforcement is not only for millionaires and big companies. Startups and small businesses can use cost-effective ways to stop or discourage trademark infringement. By employing smart tactics, you can increase trademark protection while spending less.

Cease and Desist 52

Cease and Desist Branding Brands Branding 52

Technology & Marketing Law Blog

AUGUST 17, 2021

Jim Adler runs a personal injury law firm that claims trademarks in JIM ADLER, THE HAMMER, TEXAS HAMMER, and EL MARTILLO TEJANO. It bids on the Adler trademarks for “click-to-call” keyword ads. ” Adler sued for trademark and related claims. ” Adler sued for trademark and related claims.

Advertising 105

Advertising Advertising Trademark Settlement 105

Patent Trademark Blog

MAY 19, 2022

Should you file a trademark opposition? A trademark application is close to the finish line. Should you file a Notice of Opposition with the Trademark Trial and Appeal Board (TTAB). What does a TTAB trademark opposition case look like? You have trademark questions. How long is a trademark opposition?

Trademark 52

Trademark Settlement IP Blogging 52

Technology & Marketing Law Blog

AUGUST 30, 2023

The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. A rival, Colibri, displayed in the trademark in its Google keyword ads, but it claims it has stopped doing so after the lawsuit was filed. The litigants directly compete. ” Relatedness of goods.

Advertising 98

Advertising Advertising False Advertising Trademark 98

The TTABlog

OCTOBER 21, 2024

He also lectures annually for the Virginia bar on trademark law developments. John has kindly given me permission to provide a link to his latest effort, co-authored with his colleague, Dana Bosnic, entitled "2023-24 Trademark Developments." [pdf His highly practical analysis and advice is always worth reading. pdf here ]. Contents I.

All Rights Reserved 49

All Rights Reserved Trademark Registration Intellectual Property 49

Patent Trademark Blog

JUNE 7, 2023

What makes the cost of patent litigation so high? What would you think if I told you that the average patent litigation cost exceeds well over $1 million ? Actually, several factors contribute to the overall cost of patent infringement litigation. What factors make patent litigation so costly?

Litigation 52

Litigation Patent Patent Infringement Licensing 52

LexBlog IP

JANUARY 5, 2023

Do defendants and the court have the right to ask who is funding a particular patent litigation? ” The second standing order applies when third-party persons or entities are “funding [] some or all of the party’s attorney fees and/or expenses to litigate [the] action.

Litigation 52

Litigation Patent Confidentiality Settlement 52

SpicyIP

SEPTEMBER 18, 2023

We are pleased to bring to you a guest post by Roshan Santhalia ruminating on the question of whether a cease-and-desist notice before instituting a trademark or copyright infringement suit should be issued or not. Roshan is a practising counsel, who has been practising for the last 12 years before the Supreme Court and the Delhi High Court.

Cease and Desist 115

Cease and Desist Intellectual Property Law Settlement Copyright Infringement 115

Patent Trademark Blog

NOVEMBER 4, 2024

How much does patent litigation cost? According to statistics and economic surveys , the median patent litigation cost is roughly $1.5 How can smaller businesses reduce patent litigation costs to make them within reach? Need more affordable costs for patent litigation? What are affordable ways to litigate patents?

Litigation 40

Litigation Patent Patent Infringement Settlement 40

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

The defendants bought competitive keyword ads on Adler’s trademarks, which Adler objected to. The district court initially dismissed Adler’s trademark claims , but the Fifth Circuit unfortunately revived the claims citing initial interest confusion (UGH). LoanStreet v. Second Circuit Says: Great, Have a Nice Day!–1-800

Advertising 98

Advertising Advertising False Advertising Trademark 98