News

Apple Denied Trademark on iTunes Icon Due to MySpace Trademark

In a recent ruling, the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office denied Apple a trademark on its iTunes musical note icon.  Trademark judges said that consumers might confuse the orange Apple icon with MySpace’s previously registered orange musical note trademark in connection with music services.  Despite Apple’s argument…

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Technical Trademark Dilution Bill is signed by the president

Section 1125(c)(1) of Title 15 (link here) provides as follows: “Subject to the principles of equity, the owner of a famous mark that is distinctive, inherently or through acquired distinctiveness, shall be entitled to an injunction against another person who, at any time after the owner’s mark has become famous, commences use of a mark…

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Apple's Patent Law Judgment Against Samsung

In August, a jury  in the Northern District Court of California awarded Apple over $1 billion in damages after finding that Samsung infringed Apple’s utility and design patents with over 20 cell phone and three computer devices. The utility patents control the features that a phone or tablet can have, and design patents cover how…

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Verizon subscribers safe after patent close call, will cost them in the long run

In ACTIVEVIDEO NETWORKS, INC. v. VERIZON COMMUNICATIONS, INC., case available here Verizon mostly lost its appeal after a jury awarded the plaintiff substantial damages related to infringement of patents plaintiff held on video on demand services. The trial court also had awarded a permanent injunction against Verizon, which had it been upheld, Verizon would have…

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Beware of the inducement bogeyman

In AKAMAI TECHNOLOGIES, INC. v. LIMELIGHT NETWORKS, INC. (Fed Cir. August 31, 2012) the en banc court held that a person can be liable for inducement to infringe even if the direct infringement is only found by combining the acts of more than one other person. You can read all 103 pages of the case…

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Idea theft case narrowly escapes near certain death in 2nd Circuit

The Second Circuit (an important circuit) recently decided FOREST PARK PICTURES v. UNIVERSAL TELEVISION NETWORK, INC. (June 26, 2012), allowing a “pitch man” to overcome a dismissal of his law suit that claimed Universal took his idea for a television show without paying for it. Raw ideas that cannot be patented (such as ideas for…

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University of Alabama seeing Crimson over recent ruling?

In University of Alabama v New Life Art, the 11th Circuit Court of Appeals resolved a portion of a long standing dispute over the protection afforded authentic reproductions of college uniforms.  A painter made paintings (and calendars) accurately depicting University of Alabama games.  For many years this practice was unlicensed, but done with the knowledge…

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