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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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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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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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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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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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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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The U.S. Patent and Trademark Office (“PTO”) is warning business owners and individuals who own federal trademark registrations to be wary of unsolicited mail and emails that look official but are really are the work of scam artists.  Here’s how the scam works.  The scammers find your contact and official registration information using the public…

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