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Tag Archives: Intellectual Property

USPTO denies certification mark for gruyere cheese

Where two foreign consortiums filed an application to register the word “GRUYERE” as a certification mark, in order to label cheese that is produced in the Gruyère region of Switzerland and France, their application was denied because the term “GRUYERE” ...

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Photographer can seek actual damages for alleged copyright violation

Where a photographer suing for unauthorized use of his photograph failed to disclose his actual damages in his Rule 26 disclosures, but the defendant was aware the photographer was seeking such damages, had information regarding such damages well before trial ...

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Voluntary surrender doesn’t moot cancellation claim

Where defendants argued a company lacked standing to assert a trademark cancellation claim because they had voluntarily surrendered the trademark, the court rejected that argument. The company alleged it was damaged prior to the voluntary surrender, which was sufficient to ...

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Valve manufacturer’s patent suit transferred to Texas

Where a patent holder previously filed five patent infringement suits in the Eastern District of Texas against purchasers of “high pressure fuel injection valves,” a suit brought by the manufacturer of those valves, seeking a declaration of non-infringement, was transferred ...

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Boot’s functional features don’t suggest single source

Timberland boots have an iconic look that has been copied by numerous competitors. That didn’t stop a federal court from upholding the USPTO’s denial of an application seeking registration of several specific features of one of its boots as a ...

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