IP News
August 27, 2009
Highlights of the latest intellectual property news from around the country.
Evidence Needed to Prove Bona Fide Intent to Use
August 27, 2009
The TTAB has opined on the meaning of a bona fide intent to use a trademark in connection with a Section 1b intent to use trademark application. None of these opinions, however, has delineated a clear bright-line test defining bona fide intent to use. In April 2009, the TTAB, ruling in <i>Honda Motor Co., Ltd. v. Friedrich Winkelmann,</i> established the meaning in the context of a trademark application based on foreign registration rights under Section 44, rather than on use in interstate U.S. commerce.
Post-Trial Re-examination
August 27, 2009
To what extent does re-examination equip an infringer who loses in court with the additional opportunity, aside from an appeal, to escape liability?
Actionable Trademark Infringement
August 27, 2009
The U.S. Court of Appeals for the Second Circuit has held that the sale of products lacking a unique serial number applied by a brand owner for anticounterfeiting and quality control purposes constitutes trademark infringement under federal law. This is so even if the removal of the code does not cause physical damage to an otherwise genuine product and consumers are not aware that the code has been removed.
IP News
July 29, 2009
Highlights of the latest intellectual property news from around the country.
Insurance Coverage for Trademark Infringement Lawsuits
July 29, 2009
This article provides an overview of case law holding that insurance companies are obligated to provide coverage for trademark claims under advertising injury coverage, even when the word "trademark" does not appear anywhere in the policy. Further, it discusses rulings on the prior publication exclusion, which insurers frequently assert applies to advertising injury in the trademark infringement context.
Virtual Worlds
July 29, 2009
Given the rising popularity of virtual worlds and the ability to generate real-world income from activities within the virtual realm, it is not surprising that the virtual marketplace is thriving and that trademark and copyright infringements occur on a regular basis.
Federal Circuit Puts Teeth in the 'Process' of Product-By-Process Claims
July 29, 2009
Is a "product by process" claim infringed by products that are made by other processes? After 17 years of waiting, the Federal Circuit emphatically answered the question: No; product-by-process claims are only infringed by products made using the claimed process. Although the law now appears to be clear, the strongly worded dissent questions the soundness of the ruling and warns of potentially far-reaching implications for the pharmaceutical and biotech industries.
The Cult of Personality
July 24, 2009
Anyone with even the most remote connection to e-commerce cannot have overlooked the recent explosion of social media as a form of marketing and business development. Of course, as with anything else online, problems have come with that popularity.
