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General IP News

  • fake “independent” review sites support claims against underlying advertiser & website operator
    Beyond 79, LLC v. Express Gold Cash, Inc., 2020 WL 7352545, No. 19-cv-06181 EAW (W.D.N.Y. Dec. 15, 2020) Previous discussion. Beyond 79, which buys precious metal etc. online under names including SellYourGold.com, sued a bunch of defendants for false advertising and related claims; some of the defendants allegedly ran “review” ... Read More
    Source: TushnetPublished on 2020-12-18By Rebecca Tushnet
  • IPO’s Comments on Recent Patent Legislation: Untangling a Complex Web
    IPO's Comments on recently proposed examination guidelines and on the SPC's patent linkage reveal an increasingly complex web of IP legislation which is dependent on clarity in higher level laws. ... Read More
    Source: China IPRPublished on 2020-12-16By Mark Cohen (柯恒)
  • USPTO Chinese Law Translations Available
    USPTO has graciously made available here its unofficial translations of 19 IP related final and/or draft IPR Laws, Regulations, drafting descriptions of Regulations, Rules, explanations on the Rules, as well as judicial documents which had been released from April 20, 2020 until November 2020. The  drafting agencies include: the NPC ... Read More
    Source: China IPRPublished on 2020-12-15By Mark Cohen (柯恒)
  • What Dastar took, does 1202 give back?
    Another older case found in my year-end roundup.Pilla v. Gilat, 2020 WL 1309086, No. 19-CV-2255 (KMK) (S.D.N.Y. Mar. 19, 2020) Pilla provides “professional architectural services to various construction projects.” Defendants own a “luxury construction project” at 324–326 West 108th Street in New York City involving the renovations of two existing ... Read More
    Source: TushnetPublished on 2020-12-15By Rebecca Tushnet
  • copyright in model codes after Georgia v. PublicResource.Org
    Older case, but worth working through!International Code Council, Inc. v. UpCodes, Inc., 2020 WL 2750636 (S.D.N.Y. May 26, 2020) ICC claimed that defendants infringed its copyrights in forty model building codes (I-Codes) by posting them and derivative works on their website, UpCodes. The court endorsed the basic proposition that there ... Read More
    Source: TushnetPublished on 2020-12-15By Rebecca Tushnet
  • Patent Data in a Pandemic
    China's first 10 month 2020 data shows a market increase in utility model patent applications. Is this a response to the pandemic? How does the data compare to USPTO filings for this period? ... Read More
    Source: China IPRPublished on 2020-12-15By Mark Cohen (柯恒)
  • Some Additional Possible TRIPS Claims
    I received several emails about my recent blog on possible TRIPS claims involving China.  There are three additional WTO claims that have since come to mind.  Each of them would also require further research. I have numbered them as supplements to the prior blog. C.1. National Treatment – in enforcement ... Read More
    Source: China IPRPublished on 2020-12-14By Mark Cohen (柯恒)
  • The WTO IP Cases That Weren’t
    Does the WTO / TRIPS Agreement still have teeth on IP? This blog explores the possible claims that could be made involving TRIPS Agreement violations and China. The more important claims are complex, data-dependent, and would require a whole of government approach by the Biden adminisitration. ... Read More
    Source: China IPRPublished on 2020-12-12By Mark Cohen (柯恒)
  • 100% good news: 7th Cir. reverses “100% grated parmesan cheese” dismissal
    Bell v. Publix Super Markets, Inc., 2020 WL 7137786, -- F.3d --, Nos. 19-2581, 19-2741 (7th Cir. Dec. 7, 2020) Note: Then-Circuit Judge Barrett was a member of the panel when this case was submitted but did not participate in the decision and judgment. The appeal was resolved by a ... Read More
    Source: TushnetPublished on 2020-12-12By Rebecca Tushnet
  • Penn. dilution is broader than federal dilution; former licensee might not own marks despite its registrations
    I.M. Wilson, Inc. v. Otvetstvennostyou “Grichko,” No. 18-5194, 2020 WL 6731109 (E.D. Pa. Nov. 13, 2020) The OG parties are Russian and Czech entities that manufacture and sell ballet and pointe shoes under the name GRISHKO. In the early 1990s, Grishko and I.M. Wilson partnered to distribute Grishko-branded products ... Read More
    Source: TushnetPublished on 2020-12-12By Rebecca Tushnet
  • intentional misleadingness obviates need for deception evidence
    Aoki v. Gilbert, 2020 WL 6741693, No. 11-cv-02797-TLN-CKD (E.D. Cal. Nov. 17, 2020) The court explains: “Put most succinctly, at trial Plaintiffs contended Defendants infringed Dr. Aoki’s patents for his pulsed insulin diabetes treatment method; infringed Dr. Aoki’s copyrighted slides; and made false or misleading statements amounting to false advertising ... Read More
    Source: TushnetPublished on 2020-12-12By Rebecca Tushnet
  • USPTO Finally Travels Up the Diplomatic Staircase
    According to a USPTO news release, four USPTO overseas officials have been elevated to the diplomatic rank of “Counselor”. Efforts to elevate the PTO position overseas took over 13 years of work. ... Read More
    Source: China IPRPublished on 2020-12-11By Mark Cohen (柯恒)
  • Copyright year in review
    I had a great time presenting this to the Copyright Society of Los Angeles. My slides.This is going to be an opinionated overview; I know you’re an expert audience and I’m going to try to highlight developments you may have heard less about or at least spent less time thinking ... Read More
    Source: TushnetPublished on 2020-12-10By Rebecca Tushnet
  • Pirate donut’s TM claim against Dunkin X’ed out
    Grazette v. Bitcoin of America, LLC, 2020 WL 6789352, No. 19-CV-4837 (MKB) (E.D.N.Y. Sept. 30, 2020) Despite the main name here, the question presented is whether the design on a gift card sold by Dunkin’ Donuts “counterfeit[s]” the trademarked logo for Grazette’s doughnut shop in violation of the Lanham Act ... Read More
    Source: TushnetPublished on 2020-12-10By Rebecca Tushnet
  • advertising injury insurance covers false advertising/patent case despite exclusions
    In re Indian Harbor Ins. Co. v. SharkNinja Operating LLC, No. N20C-02-014 PRW CCLD (Del. Super. Ct. Nov. 19, 2020) Indian Harbor provided SharkNinja with personal and advertising injury insurance; it was sued for false advertising and patent infringement by a competing vacuum manufacturer. Under Massachusetts law, Indian Harbor had ... Read More
    Source: TushnetPublished on 2020-12-10By Rebecca Tushnet
  • it’s not misleading to advertise the same thing with two names and two prices
     Lokey v. CVS Pharmacy, Inc., 2020 WL 6822890, No. 20-cv-04782-LB (N.D. Cal. Nov. 20, 2020) Lokey alleged that CVS violated the FAL/UCL/CLRA by marketing its CVS-branded infant pain-and-fever medicine at a higher price (up to two and a half times as much) than its CVS-branded child pain-and fever medicine, even ... Read More
    Source: TushnetPublished on 2020-12-10By Rebecca Tushnet
  • MGM ekes out motion to dismiss TM claim against movie content
    Deus ex Machina Motorcycles Pty. Ltd. v. Metro-Goldwyn-Mayer Inc., No. CV 20-4822-PLA, 2020 WL 6875178 (C.D. Cal. Oct. 23, 2020) The Honey Badger case continues to screw up 9th Circuit law, here making a movie’s protection against allegations of trademark infringement based on its content appear contingent on the movie ... Read More
    Source: TushnetPublished on 2020-12-10By Rebecca Tushnet
  • When is “verified by [platform]” an actionable misrepresentation about authenticity?
    Choon’s Design, LLC v. Contextlogic Inc., 2020 WL 6891824, No. 19-cv-05300-HSG (N.D. Cal. Nov. 24, 2020) Defendant Contextlogic runs Wish, which is allegedly a “bargain hunting retail website and smartphone shopping application,” with 94 percent of its merchants based in China. Contextlogic allegedly imports, ships, and warehouses many of the ... Read More
    Source: TushnetPublished on 2020-12-09By Rebecca Tushnet
  • Georgia “data breach as unfair trade practice” claim fails
    Collins v. Athens Orthopedic Clinic, 849 S.E.2d 213, A18A0296 (Ga. Ct. App. 2020) Former and current patients filed a putative class action against the Athens Orthopedic Clinic for negligence, breach of implied contract, unjust enrichment, attorney fees, injunctive relief under Georgia’s Uniform Deceptive Trade Practices Act (UDTPA), and declaratory judgment ... Read More
    Source: TushnetPublished on 2020-12-09By Rebecca Tushnet
  • mere direct competition doesn’t plausibly plead false advertising standing
    Allbirds, Inc. v. Giesswein Walkwaren AG, 2020 WL 6826487, No. 19-cv-05638-BLF (N.D. Cal. Jun. 4, 2020) Allbirds sued Giesswein for trademark and related claims, and Giesswein counterclaimed for false advertising under state and federal law; the counterclaims are at issue here. Giesswein sells footwear made from the wool of Merino ... Read More
    Source: TushnetPublished on 2020-12-09By Rebecca Tushnet
  • Power pack plausibly promises more than it delivers
    Geske v. PNY Technol., Inc., No. 19-cv-05170, 2020 WL 7042887 (N.D. Ill. Nov. 30, 2020) A delightful example of Seventh Circuit style, clear but respectful of the parties’ arguments. Geske alleged that PNY’s portable power bank, whose package prominently declared that it offered “5200 mAh” of available power for “3x ... Read More
    Source: TushnetPublished on 2020-12-09By Rebecca Tushnet
  • RCEP And Phase 1: Strange Bedfellows in IP
    RCEP and the Phase 1 Trade Agremeent are strange historical bedfellows, joined by common approaches to IP that diminish its role as a private right. The differences between the two agreements are also significant. The Phase 1 Agreement explicitly contemplated a Phase 2 Trade Agreement. It also only involved one ... Read More
    Source: China IPRPublished on 2020-12-04By Mark Cohen (柯恒)
  • China IPR, Thanksgiving and “The Room Where It Happens”
    “No one really knows how the game is playedThe art of the trade… no one else is in  The room where it happens.” (Lin Manuel-Miranda, from the musical “Hamilton”) I never met Joe Biden, although I did work on IP for him in China.  My work for the Vice President ... Read More
    Source: China IPRPublished on 2020-11-28By Mark Cohen (柯恒)
  • Three New Reports Proposing Policies for China Engagement
    Three reports were recently released on Chinese law, Chinese science cooperation and US-Chinese relations with recommendations for the incoming administration. Here is a summary: The Brookings Institution’s report “The Future of US Policy Toward China – Recommendations for the Biden administration” has a chapter on “Revitalizing Law and Governance Collaboration with ... Read More
    Source: China IPRPublished on 2020-11-21By Mark Cohen (柯恒)
  • IPLAC 2020 ANNUAL IP SYMPOSIUM: AN AFTERNOON WITH THE JUDGES
    On December 3, 2020, from 3:00 – 5:30 pm CT the IP Law Symposium Committee, including Co-Chairs Jim Muraff of McDonald Hopkins LLC and Matt Marrone of McAndrews, Held & Malloy, Ltd., and Vice Chair Viren Soni of the CME Group, are hosting a series of fireside chats and panels ... Read More
    Source: CHICAGO IP LitigationPublished on 2020-11-20By R. David Donoghue
  • Treating the “Foreign” Differently in Trade Secret Enforcement
    Both the proposed amendments to the Criminal Law and the administrative rules on trade secret enforcement establish differential treatment for trade secret enforcement when a foreign element is involved ... Read More
    Source: China IPRPublished on 2020-11-19By Mark Cohen (柯恒)
  • Northern District Revises Civil Cover Sheet
    The Northern District has revised its civil cover sheet.  The cover sheet is a fillable form and now includes the new Nature of Suit code for Defend Trade Secrets Act claims – 880. ... Read More
    Source: CHICAGO IP LitigationPublished on 2020-11-18By R. David Donoghue
  • Former SIPO DG Yin Xintian Has Passed Away
    Yin Xintian 尹新天 , the former Director General of the Law and Treaty Department of the State Intellectual Property Office, has passed away, ... Read More
    Source: China IPRPublished on 2020-11-13By Mark Cohen (柯恒)
  • Upcoming China Pharma IP Program
    The Berkeley Center for Law and Technology will be launching a five-part webinar series on “Innovation, Regulation in the Life Sciences” on November 17 from 4:30-6:00 PM. The launch program is devoted to “China’s Emerging Regime for IP In the Life Sciences”. ... Read More
    Source: China IPRPublished on 2020-11-12By Mark Cohen (柯恒)
  • Further Observations on the Recent Copyright Law Amendments
    Prof. Jiarui Liu at the University of San Francisco, has offered the following observations on the recently passed copyright law reforms, which he has authorized me to share with readers: “- This 2020 Amendment to Chinese Copyright Law, while officially called the third amendment, is essentially the first comprehensive amendment ... Read More
    Source: China IPRPublished on 2020-11-12By Mark Cohen (柯恒)