17 results for 'cat:"Patent" AND cat:"Trademark"'.
J. Locke declines to sever and stay a patent infringement claim from a patent, false advertising and trademark complaint against three Germany-based companies alleging they manufactured, imported and sold infringing dental adhesive mixing devices, finding several factors weigh against severance. The court further grants the competitors’ motion to stay the full case pending resolution of the litigant’s appeal challenging the Patent Trial and Appeal Board’s decision, which found several aspects of the underlying patent unenforceable.
Court: USDC Eastern District of New York, Judge: Locke, Filed On: May 3, 2024, Case #: 2:22cv6613, NOS: Patent - Property Rights, Categories: patent, trademark, False Advertising
J. Quattlebaum finds the lower court properly granted summary judgment to the United States Patent and Trademark Office. The creators of TImberland boots sought to register certain features from the design of its popular boot under the Lanham Act as trade dress. The law prohibits the registration of product designs that have not acquired a distinctive meaning identifying the product with its maker in the minds of the consuming public, including Timberland boots. Affirmed.
Court: 4th Circuit, Judge: Quattlebaum, Filed On: April 15, 2024, Case #: 23-1150, Categories: patent, trademark, Agency
J. Stadtmueller finds the lower court properly entered default judgment against a wholesaler, as evidence is sufficient to show it was served notice and did not defend this patent and trademark infringement action. The tool designers are entitled to statutory damages, attorney fees and costs, and equitable relief as they have established the wholesaler is liable for patent infringement, trademark infringement, false designation of origin, and trade dress infringement relating to a roof climbing tool, but the instant court dismisses the tool designers’ claim of unfair competition. Affirmed in part.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: April 12, 2024, Case #: 2:23cv1526, NOS: Patent - Property Rights, Categories: patent, trademark, Damages
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J. Bryson grants default judgment against a company that sells body sculpting devices that allegedly infringe an plaintiff's patents and trademarks by ordering removal of all infringing website content. However, money damages should be denied for lack of supporting evidence as to the number of infringing products that had been sold.
Court: USDC Delaware, Judge: Bryson, Filed On: February 6, 2024, Case #: 1:23cv359, NOS: Patent - Property Rights, Categories: patent, trademark, Damages
J. Vitter denies a request by a Baton Rouge-based land and real estate services corporation whose name includes the legally protectable word “Rampart” for a court order barring a New Orleans property management company from using the same word due to the likelihood of public confusion. The litigant-corporation's evidence of actual confusion consists of a FedEx driver’s conflation of its office with that of the New Orleans company and seven phone calls received by the corporation at its Baton Rouge office. The corporation fails to meet the evidentiary burden for the extraordinary remedy of a preliminary injunction.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: January 18, 2024, Case #: 2:23cv6895, NOS: Trademark - Property Rights, Categories: Corporations, patent, trademark
J. Nugee finds a lower court properly dismissed a patent and trademark law firm's claims that a commission recovery service is not entitled to represent its disgruntled customers in court. The patent and trademark attorneys argued that it is not obligated to remind clients to pay a renewal fee for patent rights, and that it is entitled to pass their personal data to a patent annuities establishment for renewal alerts. However, the patent and trademark attorneys failed to disclose to clients that the renewal fees were exorbitant. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Nugee, Filed On: January 18, 2024, Case #: CA-2023-691, Categories: patent, trademark, Attorney Fees
J. Fallon declines to dismiss patent infringement claims concerning the Conair BaBylissPRO LO-PROFX hair clipper and trademark infringement claims concerning Conair FX 825 and 603G Wedge clippers because a side-by-side comparison demonstrates the clipper designs were sufficiently similar, and the fair use defense concerning the term "Wedge" requires a fact intensive analysis.
Court: USDC Delaware, Judge: Fallon, Filed On: November 6, 2023, Case #: 1:23cv114, NOS: Patent - Property Rights, Categories: Civil Procedure, patent, trademark
J. Prost finds that the district court improperly ruled in patent claims concerning the design of heat reflective material because genuine issues remain in dispute as to whether summary judgment was appropriate. Revered.
Court: Federal Circuit, Judge: Prost, Filed On: September 15, 2023, Case #: 2021-2299, Categories: patent, trademark
J. Levy grants a company’s motion for summary judgment against a company suing it for alleged patent infringement based on a massaging device. Even if the company being sued started its design by looking at or mimicking the complaining company’s design, its finished design is different enough that an ordinary person would not confuse the sued company’s design with the complaining company’s.
Court: USDC Maine, Judge: Levy, Filed On: August 28, 2023, Case #: 1:22cv91, NOS: Patent - Property Rights, Categories: Health Care, patent, trademark
J. Snow denies an orthopedics implant products company's motion to leave to file a reply to a medical device manufacturer's patent infringement claims. The medical device manufacturer sufficiently showed in court that the implant products company has not provided any new evidence to support its motion.
Court: USDC Arizona, Judge: Snow, Filed On: July 7, 2023, Case #: 2:22cv723, NOS: Patent - Property Rights, Categories: patent, trademark
J. Groves denies cross motions for summary judgment between a gold and iron prospecting equipment seller and a competitor in a patent infringement dispute. There are issues of disputed fact to be determined by a factfinder and "the Court cannot determine literal infringement under the doctrine of equivalents at the summary judgment stage."
Court: USDC Idaho, Judge: Groves, Filed On: June 9, 2023, Case #: 1:20cv384, NOS: Patent - Property Rights, Categories: patent, trademark