JD Supra Law

AUGUST 16, 2024

The US Patent and Trademark Office is requesting public feedback on the current experimental use exception’s impact on technology sectors—and the public’s appetite for expanding the exception. By: Morgan Lewis

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Patent Infringement Patent Technology Trademark 106

Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. For trademark infringement under the Lanham Act, likelihood of consumer confusion is a key requirement. Lubecore Int’l, Inc. , 3d 494 (6th Cir. See Unette Corp. Unit Pack Co. , 2d 1026 (Fed.

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Design Patent Patent Infringement Designs Design 72

SpicyIP

OCTOBER 14, 2024

Shoe on 23 September, 2024 (Delhi District Court) The plaintiff sought a permanent injunction against defendants for infringement and passing off. The plaintiff claimed to have used the trademark “POLO” since 1967. The Respondent, engaged in a similar business, applied for the trademark in 2023.

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Trademark Registering Trademarks IP Copyright 105

Indiana Intellectual Property Law

AUGUST 9, 2022

PUMA applied for a Federal Trademark registration under Application Serial No. Therefore, Plaintiff is seeking damages for willful trademark infringement in violation of 15 U.S.C. 1114 and Design Patent Infringement in violation of 35 U.S.C. § § 271 and 283. 1125 and Trademark Infringement under Indiana Common Law.

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Patent Infringement Cease and Desist Trademark Design Patent 52

Patent Trademark Blog

MAY 9, 2024

Does your product infringe a patent? Patent infringement can be tricky, but not incomprehensible. No single article can tell you everything you need to know about infringing patents, but I hope you will gain some wisdom from reading this post. Which part of the patent determines infringement?

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Patent Infringement Design Patent Patent Design 52

Patent Trademark Blog

MAY 15, 2024

Instead of asking for money damages or an injunction, the accused infringer is asking the court to render a decision that their products do not infringe a particular patent. Need to defend a patent infringement claim? Second, the patent owner might not want to escalate the fight.

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Patent Trademark Blog

APRIL 21, 2022

What is the design patent infringement test? The test for design patent infringement involves a visual comparison between the patented design and the accused product. Therefore, if an accused product seems very close to such prior art designs, there is a decent probability of no design patent infringement.

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Design Patent Patent Infringement Designs Design 52

The IP Law Blog

MARCH 5, 2021

, the executives at Peloton believe that the trademark SPIN is of great importance. Last month (February, 2021), Peloton filed petitions to cancel the trademarks SPIN and SPINNING for physical fitness instruction and for stationary exercise bicycles on the grounds that the marks are generic. This is commonly referred to as Genericide.

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IP Watchdog

JULY 29, 2021

The Patent Infringer Lobby has ramped up banging the drum about “patent quality.” They dedicated a week-long campaign to questioning "patent quality,” which its constituents regard as a huge problem. Patent and Trademark Office (USPTO) Director Andrei Iancu left the building.

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Intellectual Property Patent Invention Patent Infringement 144

IP Watchdog

APRIL 17, 2023

Code; and the United States Patent and Trademark Office (USPTO) is hosting regional events in Central Virginia and Silicon Valley to promote resources available to prospective innovators and entrepreneurs. Elsewhere, the Council for Innovation Promotion (C4IP) is holding a webinar on proper use of Section 1498(a) of the U.S.

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Government IP Patent Infringement Patent 109

IP Watchdog

OCTOBER 12, 2022

The Pride in Patent Ownership Act requires those who acquire patents to publicly register their ownership assignments with the U.S. Patent and Trademark Office (USPTO) within 120 days. Thus, it serves to identify potential patent infringement plaintiffs.

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Ownership Patent Patent Infringement Trademark 131

IP Watchdog

JUNE 9, 2023

Patent and Trademark Office (USPTO) announces its five-year strategic plan; the U.S. This week in Other Barks & Bites: The U.S.

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Patent Infringement Patent Trademark Copyright 75

Patent Trademark Blog

MARCH 13, 2024

How do you defend a patent infringement claim? Accusations of patent infringement should be taken seriously. Whether they are asserted in the form of cease-and-desist letter or an Amazon patent violation, an accused infringer needs to gauge the seriousness of the problem. Are your patent claims invalid?

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Patent Infringement Cease and Desist Patent Design Patent 52

Patent Trademark Blog

JUNE 5, 2023

Is patent enforcement possible for small companies? Whatever people may have heard about patent enforcement, one thing is clear. Almost everyone knows that patent infringement lawsuits are expensive. If patent infringement litigation is so costly, what options are available to startups and small businesses?

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Patent Infringement Cease and Desist Patent Litigation 52

IP Watchdog

APRIL 7, 2023

This week in Other Barks & Bites, the United States Court of Appeals for the Federal Circuit (CAFC) rules against Apple in a trademark dispute; Arbutus and Genevant Sciences file a patent infringement lawsuit against Pfizer related to the COVID-19 vaccine; and Sweetgreen promptly changes the name of a menu item after Chipotle files a trademark (..)

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Patent Infringement Trademark Patent Technology 59

IIPRD

JANUARY 23, 2023

In matters of trade, Trademark, copyright and Patent act as building blocks of protection measures while conferring exclusive right over goods/services for the holder. Amazon often face patent violations with its increasing customer base and involvement of third-party seller. Patent infringement can occur in both of these roles.

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Patent Infringement Patent Cease and Desist IP 52

IP Watchdog

NOVEMBER 30, 2022

What began as a patent infringement case has swerved into judicial ethics waters, due to the ruling of the Federal Circuit Court of Appeals. Patent and Trademark Office (USPTO).

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Patent Infringement Patent Inventor Litigation 52

JD Supra Law

SEPTEMBER 5, 2024

We have previously covered a high profile legal battle in the plant-based meat sector of this industry discussing (1) the first patent infringement lawsuit in the food tech industry and (2) its related petition for inter partes review (“IPR”) with the Patent and Trademark Appeal.

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Patent Patent Infringement Technology Trademark 116

JD Supra Law

JULY 7, 2023

That is, punitive damages may be applied to intentional infringement and serious patent infringement. That is, punitive damages may be applied to intentional infringement and serious patent infringement. By: Linda Liu & Partners

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Patent Infringement Intellectual Property Patent Trademark Law 52

Patent Trademark Blog

SEPTEMBER 10, 2024

Amazon offers different options for resolving infringement depending upon the type of patent involved. Utility patent infringement is handled by an Amazon program called APEX which stands for Amazon Patent Evaluation Express. Owning both utility and design patents will provide the broadest scope of protection.

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Design Patent Patent Infringement Designs Design 52

Indiana Intellectual Property Law

MARCH 21, 2023

DSI) filed suit against Plaintiff, Perq Software, LLC for Patent Infringement. According to the Complaint, DSI’s software includes numerous technological improvements that were captured in a family of patent applications. In 2022 the United States Patent and Trademark Office issued Patent No.

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Patent Infringement Litigation Patent Patent Application 52

IP Watchdog

JANUARY 27, 2025

Patent and Trademark Offices (USPTOs) Patent Trial and Appeal Board (PTAB) has jurisdiction over expired patents brought before it in inter partes review (IPR) proceedings. While the CAFC has previously ruled in appeals from the PTAB involving expired patents, it has not squarely addressed the subject until now.

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Patent Technology Trademark Patent Infringement 88

CoCal IP Law Institute

MARCH 14, 2023

Remedies for Patent, Trademark, and Copyright Infringement Patent The remedy statute for patent infringement states, “Upon finding for the claimant the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest (..)

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Copyright Infringement Trademark Copyright Patent 59

Indiana Intellectual Property Law

SEPTEMBER 6, 2022

The United States Patent and Trademark Office issued Patent No. 10,864,933 (“933 Patent”) entitled “Four Position Hand Truck” to Harper on December 15, 2020. Therefore, Plaintiff is seeking damages for Patent Infringement in violation of 35 U.S. The case was assigned to Judge Damon R.

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JD Supra Law

DECEMBER 23, 2021

The December 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses new enforcement tools courtesy of the Trademark Modernization Act; Pfizer's acquisition of Arena Pharmaceuticals; the latest developments in Canopy Growth's patent infringement suit against GW Pharmaceuticals; and the open gTLD Sunrise period.

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Marketing Marketing Patent Infringement Brands 102

IP Watchdog

MARCH 15, 2024

Patent and Trademark Office (USPTO) and U.S. Copyright Office (USCO) release a joint study on the IP implications of non-fungible tokens (NFTs); The New York Times Company denies “hacking” ChatGPT; and Caltech and Microsoft settle a wi-fi patent infringement case. This week in Other Barks & Bites: the U.S.

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IP Watchdog

JUNE 2, 2024

Court of Appeals for the Federal Circuit held that a prevailing defendant in an otherwise “exceptional” patent infringement case could not recover attorney fees expended in a parallel inter partes review (IPR) proceeding because the defendant’s initiation of the IPR was “voluntary.”

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Intellectual Property Patent Infringement Trademark Patent 104

Patent Trademark Blog

MARCH 18, 2025

What are the wrong utility patents for enforcement on Amazon? For utility patent infringement cases, Amazon provides sellers with a neutral patent evaluation program called APEX. The challenge, however, is that not all utility patents will be given an opportunity to participate in the program.

Design Patent 52

Design Patent Patent Designs Design 52

IP Watchdog

JUNE 27, 2024

Patent and Trademark Office (USPTO) issued a draft Request for Comments (RFC) today seeking public feedback “on the current state of the experimental use exception jurisprudence and whether legislative action should be considered to enact a statutory experimental use exception.”

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Patent Infringement Patent Trademark Patent Prosecution 102

JD Supra Law

SEPTEMBER 18, 2024

On June 28, 2024, the United States Patent and Trademark Office (“USPTO”) requested the public’s views on the current state of the common law experimental use exception to patent infringement and whether legislative action should be considered to enact a statutory exception (89 FR 53963). By: Fish & Richardson

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Patent Infringement Trademark Law Patent 89

SpicyIP

FEBRUARY 17, 2025

However, the provision which is an exception to patent infringement is often criticised for its broad scope. Case Summaries Astellas Pharma Inc vs Astellaz Pharmaceuticals on 3 February, 2025 (Delhi High Court) The suit was filed seeking relief of permanent injunction restraining the defendant from infringing its trademark.

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Trademark Copyright Registration Personality Rights 59

SpicyIP

DECEMBER 2, 2024

Samridhi Chugh and Manya Gupta write about this order, explaining how the Court appears to have convoluted the issues surrounding the interplay between trademarks, disparagement, and free speech, rather than clarifying them. It involved the plaintiff’s registered trademark, “SUPREME”. The defendant did not appear in the suit.

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Indiana Intellectual Property Law

FEBRUARY 14, 2025

BTL) has filed a lawsuit against Be Minked Beauty & Company LLC and its owner, Britney Humphrey, accusing them of patent infringement , trademark infringement , and unfair competition. According to the Complaint BTL holds a patent ( Patent No. BTL Industries, Inc.

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Cease and Desist Trademark Patent Registering Trademarks 52

IP Watchdog

NOVEMBER 15, 2024

This week in Other Barks & Bites: the Cloud Native Computing Foundation launches a patent troll bounty program to protect the open-source computing community; the European Patent Office announces Russia Patent Requests will be denied as part of sanctions; and Sweden becomes the first country in the world to file a trademark for its name.

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Patent Troll Trademark Patent Patent Infringement 59

SpicyIP

AUGUST 22, 2021

Hardik Mukeshbhai Pansheriya granted an extension in a previously granted interim injunction in favour of the plaintiff in a case concerning the infringement of the trademark ‘Beardo’ [August 16, 2021]. had infringed on five patents held by Sonos. in the Arizona federal court for trademark infringement.

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Personality Rights Reporting Social Media Brands 119

IP Watchdog

JUNE 9, 2023

Patent and Trademark Office (USPTO) announces its five-year strategic plan; the U.S. This week in Other Barks & Bites: The U.S.

Patent Infringement 52

Patent Infringement Patent Trademark Copyright 52

IP Watchdog

JUNE 9, 2023

Patent and Trademark Office (USPTO) announces its five-year strategic plan; the U.S. This week in Other Barks & Bites: The U.S.

Patent Infringement 52

Patent Infringement Patent Trademark Copyright 52