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Tag Archives: Intellectual Property

Failure to disclose license for trademark was sanctionable (access required)

Where a company licensed the use of a trademark without disclosing that the company itself was under a license to use that mark, and failed to disclose the license at any point during the discovery process, barring the company from ...

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Patent term adjustment time properly calculated by agency (access required)

A pharmaceutical company was not entitled to additional patent term adjustment time because the Patent and Trademark Office correctly determined that any time that could be awarded based on a delay caused by the PTO’s failure to act by certain ...

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Photog could sue for unlicensed photo use on company’s site (access required)

Where a company hired an outside firm to create a commercial website and the outside firm used an unlicensed, copyrighted photo to accompany an article posted on one of the webpages, both the company and the owner of the outside ...

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Developer could not sue government contractor for copyright infringement (access required)

Where a developer created software to automate government defense contract review and the government later worked with a private company to create a derivative work using the software’s source code, the developer was barred from suing the company for copyright ...

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Trademark infringer enjoined from using IPAD and IPOD (access required)

After the court found RXD Media infringed on Apple’s trademarks, Apple provided evidence of actual consumer confusion. Because Apple will suffer irreparable injury without an injunction, RXD has been enjoined from using the IPAD and IPOD marks on its products. ...

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Jaguar’s tech infringement suit against Bentley goes forward (access required)

Jaguar’s patent for a terrain response technology that electronically controlled various vehicle subsystems to optimize a vehicle’s performance on different types of terrain was valid because the patent claims were not directed at an abstract concept and, if even if ...

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Use of domain name in commerce created protectable interest (access required)

The owners of certain domain names obtained a protectable interest in those names by using them in commerce before a hacker transferred the names to his control, and the owners were entitled to an order directing that the domain names ...

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PayPal accounts of eBay counterfeit sellers frozen (access required)

An electronic cigarette company was entitled to a temporary restraining order freezing the PayPal accounts of unknown individuals selling counterfeit products bearing the company’s trademark on eBay because the company was likely to succeed on their claims of trademark infringement ...

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Definiteness of patent delayed until claim construction (access required)

Where a patent for an accumulation table that conveys products from one production machine to another included functional language describing how the accumulation table was to be used, it would be premature to determine whether the functional language rendered the ...

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Unexplained delay barred assertion of new infringement claims (access required)

A patent owner who brought a large number of infringement claims against a manufacturer was not permitted to amend its complaint to assert new claims after the manufacturer successfully challenged the claims before the Patent Trial and Appeal Board, or ...

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