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General IP News

  • Judge Alsup seems to think cosmetic mask claims are false
    Miller v. Peter Thomas Roth, LLC, 2020 WL 363045, No. C 19-00698 WHA (N.D. Cal. Jan. 22, 2020)OK, he doesn’t say so outright, but wait for the bit about the in-court demonstration he expects.Defendants PTR Labs sell “specialty skincare products,” here the Rose Stem Cell and Water Drench product lines. ... Read More
    Source: TushnetPublished on 2020-01-24By Rebecca Tushnet
  • IAM Global Leaders 2020
    I am honored to be named to the inaugural IAM Global Leaders list, a new publication featuring interviews with patent pratitioners ranked in the gold tier of the IAM Patent ... Read More
    Source: IP SpotlightPublished on 2020-01-24By Jim Singer
  • USPTO Trademark rule requires foreign-domiciled applicants and registrants to have a U.S.-licensed attorney
    As of August 2019 the USPTO implemented a rule requiring Screen Shot 2020-01-23 at 4.21.39 PMForeign Domiciled Applicants and Registrants to have a U.S. licensed attorney. Here is an excerpt from ... Read More
    Source: IP Legal Freebies BlogPublished on 2020-01-24By Vanessa Kaster
  • Reconsideration Improper Vehicle for Rehashing Old Facts and Legal Arguments
    Luxottica Group S.p.A. v. The Partnerships & Unincorporated Assocs. Identified on Schedule “A,” No. 18 C 2188, Slip Op. (N.D. Ill. Jun. 4, 2019) (Gottschall, J.). Judge Gottschall denied plaintiff Luxottica’s motion for reconsideration that defendants were not properly served as to all but one defendant in this counterfeiting case ... Read More
    Source: CHICAGO IP LitigationPublished on 2020-01-22By R. David Donoghue
  • The Phase 1 IP Agreement: Its Fans and Discontents
    How much will the IP Sections of the Phase 1 Agreement (the “Agreement”) with China change  IP strategies in China?   For the most part, the Agreement adds much less than its appearance might suggest.  Many of the important changes that the Agreement memorializes have recently been codified into law or ... Read More
    Source: China IPRPublished on 2020-01-22By Mark Cohen (柯恒)
  • Best Practices in Intellectual Property Conference 2020
    The 8th Best Practices in Intellectual Property is being held on MARCH 23rd & 24th. As always, it is at the Sheraton Tel Aviv. This conference provides amazing value for money, and has a dedicated following of leading in-house counsel and patent attorneys that come back year after year, including ... Read More
    Source: The IP FactorPublished on 2020-01-21By Dr Michael Factor
  • CLE: IP Issues for the New Recreational Weed Industry in Illinois
    On January 22, 2020, from 5:30-9:00 pm ET, the Intellectual Property Law Association of Chicago’s (IPLAC) Young Members’ Committee and Chicago-Kent’s Intellectual Property Law Society is hosting a CLE program regarding IP issues in the evolving recreational cannabis industry in Illinois. The event featured speakers include: Nicole Cosby of Fyllo; ... Read More
    Source: CHICAGO IP LitigationPublished on 2020-01-21By R. David Donoghue
  • RICHMAN
    295801This decision related to a request to cancel a trademark registered in Israel by a third party, allegedly with bad faith. The case is complicated by the fact that parties in question live in the Palestinian Authority and ... Read More
    Source: The IP FactorPublished on 2020-01-21By Dr Michael Factor
  • Call for Papers: Yale/Stanford/Harvard Junior Faculty Forum
    2020 Junior Faculty ForumHosted by Stanford, Harvard, and Yale Law SchoolsRequest for SubmissionsStanford, Yale, and Harvard Law Schools announce the 21st session of the Junior Faculty Forum to be held at Stanford Law School on June 1-2, 2020 and seek submissions forits meeting.The Forum’s objective is to encourage the work ... Read More
    Source: TushnetPublished on 2020-01-20By Rebecca Tushnet
  • Book Launch 12 February for Multi-SIded Music Platforms and the Law
    AfroIP is delighted to announce that the South African Research Chair in IP, Innovation and Innovation(Research Chair is held by fellow blogger, Professor Caroline Ncube) is hosting a launch event for Dr. Chijioke Okorie's (aka AfroLeopa's) new book, Multi-sided Music Platforms and the Law: Copyright, Law and Policy in Africa. ... Read More
    Source: Afro IPPublished on 2020-01-19By Afro Ng'ombe
  • CLE: Potential Pitfalls in Copyright: Fair Use & Data Compilations
    UIC John Marshall’s Center for Intellectual Property, Information and Privacy has another excellent program, this one focuses on two key copyright issues – fair use and copyright data protection. Every practitioner can use some time working through the complexities of fair use. This program promises to be excellent. It will ... Read More
    Source: CHICAGO IP LitigationPublished on 2020-01-17By R. David Donoghue
  • Bad Boyfriend
    KongBad Boyfriend LLC owned Israel Registered Trademark No. 241702 for BAD BOYFRIEND. The mark covers cosmetics, soaps, perfume, fragrances, non-medical skin and face formulations   and hair formulations. The trademark application was submitted in October 2011 and ... Read More
    Source: The IP FactorPublished on 2020-01-16By Dr Michael Factor
  • post-complaint changes prevent finding of irreparable harm
    Pegasystems, Inc. v. Appian Corp., 2020 WL 137301, No. 19-11461-PBS (D. Mass. Jan. 13, 2020)Following on its denial of a motion to dismiss, the court denied a motion for preliminary injunction in this false advertising case. Because the alleged falsity depended on a supposedly independent review being paid for and ... Read More
    Source: TushnetPublished on 2020-01-15By Rebecca Tushnet
  • Doctrine of Equivalents analysis was a question of fact for the jury
    Rehco, LLC v. Spin Master, Ltd., No. 13 C 2245, Slip Op. (N.D. Ill. Oct. 28, 2019) (Blakey, J.). Judge  Blakey granted defendant Spin Master’s motion for supplemental claim construction and for summary judgment in this patent case involving remote control toy vehicles. The Court previously construed the terms, but ... Read More
    Source: CHICAGO IP LitigationPublished on 2020-01-15By R. David Donoghue
  • labeling grandfathered drug in standard format doesn’t misrepresent it as FDA-approved
    Belcher Pharms., LLC v. Hospira, Inc., -- F. Supp. 3d --, No. 8:17-cv-2353-T-30AAS, 2020 WL 102744 (M.D. Fla. Jan. 7, 2020) “Epinephrine—a drug that is a medical necessity—has been in short supply on and off for nearly a decade.” Hospira has made epinephrine since before 1938, so Hospira is “arguably” ... Read More
    Source: TushnetPublished on 2020-01-15By Rebecca Tushnet
  • Reading list: Pam Samuelson on legal writing
    Pamela Samuelson, Good Legal Writing: of Orwell and WindowPanes From the archives: Excellent short piece on legal writing, for students and other legal writers of all kinds.  In itself, interesting to see how a groundbreaking female academic framed things in 1984, including the advice not to use “she” as the generic ... Read More
    Source: TushnetPublished on 2020-01-15By Rebecca Tushnet
  • confusion is not irreparable harm in false advertising case
    AMETEK CTS US, Inc. v. Advanced Test Equipment Corp., No.19-cv-02348-H-AHG, 2020 WL 133888 (S.D. Cal. Jan. 13, 2020)The parties operate in the market for “sophisticated electronic instruments in the automotive, telecommunications, energy, aerospace, power, research, medical and industrial markets.” AMETEK sells directly to consumers and also distributes its products through ... Read More
    Source: TushnetPublished on 2020-01-15By Rebecca Tushnet
  • Amicus brief in Booking.com
    Joined by a number of able trademark scholars, I filed this amicus brief in Booking.com in support of neither party, arguing that (1) genericness standards need to take into account the risks of overassertion/overprotection, and (2) unfair competition doctrine provides relief for deceptive uses of even generic terms, but does ... Read More
    Source: TushnetPublished on 2020-01-14By Rebecca Tushnet
  • Amicus brief in Google v. Oracle
    Like everyone else, I filed an amicus, this one on behalf of copyright scholars, focused on fair use. Other currently submitted briefs are here.http://tushnet.blogspot.com/feeds/posts/default?alt=rss ... Read More
    Source: TushnetPublished on 2020-01-14By Rebecca Tushnet
  • No summary judgement for cybersquatting where defendant tasked with web development
    Flair Airlines, Ltd. v. Gregor LLC, No. 18 C 2023, Slip Op. (N.D. Ill. Jun. 25, 2019) (Guzman, J.). Judge Guzman denied plaintiff Flair Airlines’ (“Flair”) Fed. R. Civ. P. 56 motion for summary judgment  because of “numerous disputed facts” in this cybersquatting and related state law claims case involving ... Read More
    Source: CHICAGO IP LitigationPublished on 2020-01-13By R. David Donoghue
  • Reading list: disclosures as compelled commercial speech
    Reading list: Aaron Stenz, Note: The Controversial Demise of Zauderer: Revitalizing Zauderer Post-NIFLA, 104 Minn. L. Rev. 553 (2019).The First Amendment broadly stands for the idea that government attempts to curtail the right of the American people to both speak and not speak should be viewed with the utmost skepticism. ... Read More
    Source: TushnetPublished on 2020-01-10By Rebecca Tushnet
  • BitTorrent claims require more proof than an IP address to name a defendant
    Malibu Media, L.L.C. v. Doe, No. 18 C 450, Slip Op. (N.D. Ill. Jun. 5, 2019) (Ellis, J.). Judge Ellis denied Doe defendant’s Fed. R. Civ. P. 12(b)(6) & (f) motion to dismiss and to strike plaintiff Malibu Media’s copyright infringement complaint in this BitTorrent dispute. The Court previously dismissed ... Read More
    Source: CHICAGO IP LitigationPublished on 2020-01-08By R. David Donoghue
  • Malwarebytes: same result, new puzzles on remand for 230 immunity
    Enigma Software Group USA, LLC v. Malwarebytes, Inc., --- F.3d ----, 2019 WL 7373959, No. 17-17351 (9th Cir. Dec. 31, 2019)New opinion, same result; no rehearing en banc. Because the parties are competitors, §230 does not provide Malwarebytes with immunity for blocking Enigma’s software. As the dissent notes, one may ... Read More
    Source: TushnetPublished on 2020-01-06By Rebecca Tushnet
  • another timeshare exit company can be sued under state law, but not Lanham Act
    Orange Lake Country Club, Inc. v. Reed Hein & Assoc., LLC, 2019 WL 7423517, No: 6:17-cv-1542-Orl-78DCI (M.D. Fla. Oct. 4, 2019)Another timeshare case, this one kicking out Lanham Act claims but not FDUTPA deceptive practices claims on proximate cause. Defendant TET allegedly puts out false and misleading advertisements, leading owners ... Read More
    Source: TushnetPublished on 2020-01-06By Rebecca Tushnet
  • IPLAC Hosts Fireside Chat with Patent Office Director Iancu
    The Corporate Committee of the Intellectual Property Law Association of Chicago (“IPLAC”) is hosting a fireside chat with Patent Office Director Andrei Iancu on January 16, 2020 from 12:00 pm to 1:00 pm CT. Registration is free. Please contact SRAM’s Billie Hinen to register by January 9, 2020. ... Read More
    Source: CHICAGO IP LitigationPublished on 2020-01-06By R. David Donoghue
  • It’s a kind of magic
    264763Israel trademark no. 264763 to Isaac Hadad is shown alongside. The mark covers goods in Class 3 as follows: Cosmetic soaps; cream soaps; liquid soaps; perfumed soaps; soaps for body care; soaps for personal use; essential oils; cosmetic ... Read More
    Source: The IP FactorPublished on 2020-01-03By Dr Michael Factor
  • “most experienced” is puffery, but misrepresenting degree of responsibility for projects could be false
    Cypress Advisors, Inc. v. Davis, 2019 WL 7290948, No. 17-cv-01219-MSK-KLM (D. Colo. Aug. 28, 2019)Cypress provides financial advice to clients in the franchise restaurant industry. Defendant Kent Davis used to work there, but he left and started a competing business, C2.  I’ll focus on the false advertising claims.First, the allegedly ... Read More
    Source: TushnetPublished on 2020-01-02By Rebecca Tushnet
  • “diet” isn’t misleading for soda even if surveys say it is
    Becerra v. Dr Pepper/Seven Up, Inc., 2019 WL 7287554, No. 18-16721 (9th Cir. Dec. 30, 2019)Becerra alleged that Dr Pepper violated the usual California consumer-fraud laws by branding Diet Dr Pepper using the word “diet.” She cited dictionary definitions to support her allegation that reasonable consumers understand the word “diet” ... Read More
    Source: TushnetPublished on 2020-01-01By Rebecca Tushnet
  • Competitor’s Google review accusing P of “scam” was nondefamatory opinion
    Creditors Relief LLC v. United Debt Settlement LLC, 2019 WL 7288978, No. 17-7474 (D.N.J. Dec. 30, 2019)Plaintiff CR is a New Jersey-based debt settlement company that has allegedly “received significant publicity and an A+ rating from the Better Business Bureau.” Defendant Marcel Bluvstein, a New York resident, is a principal ... Read More
    Source: TushnetPublished on 2020-01-01By Rebecca Tushnet
  • Amicus brief in 4th Circuit Lanham Act case on the meaning of literal falsity
    Brian Wolfman filed this amicus, which I drafted, on behalf of a number of Lanham Act professors. It involves a false advertising case with a number of moving parts; the amicus addresses only the court's opportunity to correct the mistaken reasoning of In re GNC, a consumer protection case that ... Read More
    Source: TushnetPublished on 2020-01-01By Rebecca Tushnet