Computer and Internet Updates for 2015-08-15
A new private copying law for Portugal http://t.co/zRJSd20vNk -> Led Zeppelin Stairway To Heaven Lawsuit Hearing Set http://t.co/nHkViYbR2o -> Oracle waves fist, claims even new Android devices...
View ArticlePrecedential No. 26: TTAB Dismisses Opposition As Untimely, Denying Opposer...
Jennifer Wehrman filed for and was granted a 30-day extension of time within which to oppose registration of the mark HMX for motor oil. During that 30-day period Warren Distribution, Inc. (WDI) filed...
View ArticleJotwell 2015 Summer Break
Jotwell is taking a short summer break. Posting will resume on Tuesday, September 1. However, even while we’re on break, we’ll be accepting submissions, editing them, updating the site’s theme, and...
View ArticleCenturies of innovation in barbecue and grilling develop a distinctly...
Summer holidays bring out the largest number of barbecue fanatics and the three top holidays for grilling are the 4th of July, Memorial Day and Labor Day. With this in mind, and with summer rapidly...
View ArticleNo winner in Cablevision v. Verizon
Cablevision Systems Corp. v. Verizon New York Inc., --- F.Supp.3d ----, 2015 WL 4758072, No. 15–CV–456 (E.D.N.Y. Aug. 7, 2015) (magistrate judge) Cablevision and Verizon sought to enjoin each other’s...
View ArticleDerivative Actions Carry Heightened Pleading Standard
Derivative actions are a mainstay of modern business litigation. They allow a shareholder of a corporation to enforce a right the corporation has but is wrongfully refusing to enforce. Normally,...
View ArticleHow to use your trademark on your book
A book title cannot technically be protected under trademark law, unless it is the title for a series of multiple books. See TMEP §1202.08. But that doesn’t mean that an author cannot use a or phrase...
View ArticleComputer and Internet Updates for 2015-08-16
Computer and Internet Updates for 2015-08-15 http://t.co/RIju7PeTMw -> How to fake a death online http://t.co/6ujcoJ6YIw -> Computer and Internet Updates for 2015-08-15: A new private copying law...
View ArticleMotion for Judgment on the Pleadings Based on Unpatentability Under Section...
Defendants Motorola Mobility, LLC, Amazon.com, Inc., Apple Inc., Huawei Technologies Co., Ltd., Huawei Device USA, Inc., HTC Corp., HTC America, Inc., Samsung Electronics Co., Ltd., Samsung Electronics...
View ArticleThe USPTO Guidance on Eligibility: a journey into the unknown
Former guest Kats are always welcome when they purr their way back into our lives. Last week it was Miri Frankel who treated us to a pleasantly unexpected comment on the Google-to-Alphabet branding...
View ArticleHow Long to File Sampling Infringement Lawsuit?
Dear Rich: I manage a band that made several songs, one in particular that has been sampled 153 times by various artists from 1888 to 2013. Except for half a dozen artists who made deals and paid (and...
View ArticleThe Fight Over Robin Williams’ Estate Continues
It has been a bit over a year since the tragic death of actor and comedian Robin Williams; however, the family has yet to settle their battle over his estate. Williams took his life in August of 2014...
View ArticleFederal District Court: “Browsewrap” Terms and Conditions Provide Sufficient...
Websites sometimes present their terms of use (“TOU”) to users merely by including a link to those TOU on the website without requiring users to affirmatively accept the terms by, for example, checking...
View ArticleEleventh Circuit accepts viability of contributory false advertising claims
In an opinion concerning “a question of first impression,” the Eleventh Circuit has held that a plaintiff may bring a claim for contributory false advertising under § 43(a) of the Lanham Act. Duty Free...
View ArticleEFF Sues Justice Department for Records about FBI’s Plans for Rapid DNA
FBI Says It Can’t Find Any Documents Responsive to FOIA Requests Even Though Congress Has Been Briefed For YearsSan Francisco—The Electronic Frontier Foundation (EFF) filed a Freedom of Information Act...
View ArticleWill Marketing Pitfall Lead to Sand Pounding?
Preparing to send off to college my two oldest sons, led us to Ling & Louie’s Asian Bar & Grill’s rooftop patio on Minneapolis’ Nicollet Mall last week, and we found an interesting menu item....
View ArticleThe Growing Scrutiny of Social Media by U.S. Courts and Agencies
The evolution of social media in business from “occasional accessory” to “integral component” has in turn forced the law itself to evolve in an attempt to address social media’s increasing relevance....
View ArticleAdvanced Search Tools to Find the Right Court Decision
Terms and connectors searching allow users to string together multiple complex queries. Say you are searching for §112 issues in a patent case. You may search for “written description invalidity” to...
View ArticleLouis Vuitton and Damier: Inherent versus Acquired Distinctiveness in the...
When a Louis Vuitton (“LV”) trademark, duly registered in the European Union, is subject to a declaration of invalidity and therefore cancelled, it is a worthwhile exercise to determine what went...
View Article“Don’t Copy My Style!” Exxon’s Trademark “Style” Infringement Claim Against Fox
By Chike Eze Consumers associate a trademark with a familiar experience associated with a specific source. For example, consumers associate the “golden arches” symbol with McDonald’s cheeseburgers and...
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