In the latest instalment of trade mark litigation between UK supermarket competitors Lidl and Tesco, the Court of Appeal has reversed a High Court decision that had struck out Tesco's counterclaim on bad faith grounds. The decision is just one in an ongoing dispute between Lidl and Tesco over Tesco’s use of a yellow circular loyalty programme logo which Lidl alleges infringes its trade marks for the circular Lidl logo. The case will now continue in the High Court. In this article, we look at the... By: Hogan Lovells ..read more

The Southern District of New York has held, in Ratermann v. Pierre Fabre USA, Inc., that the Communications Decency Act’s (CDA) exception for intellectual property claims does not apply to claims asserted under New York Civil Rights Law (NYCRL) Sections 50 and 51 for violations of the right to privacy or publicity.... By: Manatt, Phelps & Phillips, LLP ..read more

Video gaming is an enormous industry, currently bigger than the movie and music industries combined, and only continues to grow. Two billion people—a quarter of the world’s population—play video games. Gaming generated $155 billion in revenue in 2020, and some project that its 2025 revenue will exceed $250 billion. Originally published on Law.com - September 12, 2022.... By: Smith Anderson ..read more

My previous blog post, “What are the Types of Trademarks,” explained the distinction between Trademarks, Service Marks, State Marks, Federal Marks, and Common Law Marks, which are common types of protection for marks in the United States.... By: Dunlap Bennett & Ludwig PLLC ..read more

A trademark is any word, phrase, symbol, design, or combination of these things that identifies a single source for certain products or services. Trademarks identify the source of certain products or services, provide legal protection for a name or brand, and can help owners guard against counterfeiting and fraud.... By: Polsinelli ..read more

Under 35 U.S. Code § 271, a US patent is infringed when someone: without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefore…... By: AEON Law ..read more

Join us for a virtual CLE as we discuss unitary patents and the Unified Patent Court. How will the new system work, and what should you do to prepare? Our panel will explain what the UPC is all about, how to handle disputes, issues in licensing, logistics of prosecution, and more.... By: Womble Bond Dickinson ..read more

Proof of prior art is an issue that often arises in inter partes and post grant review proceedings before the PTAB. In a recent decision, the Federal Circuit explained the quantum of proof that is required to establish prior art, particularly when the prior art being asserted is the patent challenger’s own invention. Mosaic Brands, Inc. v. Ridge Wallet LLC, — F.4th —, 2022 WL 17814226 (Fed. Cir. Dec. 20, 2022).... By: Jones Day ..read more

With the stroke of a pen, the FTC proposes to wipe out over 200 years of state-based noncompete law, and put all other tools used to protect trade secrets, confidential business information, and customer relationships squarely in the crosshairs. The FTC’s proposed ban on noncompete agreements (and other “de facto” noncompetes) relies in large part of the research of University of Maryland’s Robert H. Smith School of Business Professor Evan Starr — one of the leading scholars in the field.... By: Beck Reed Riden LLP ..read more

Case Name: Pharmacyclics LLC v. Alvogen, Inc., No. 2021-2270, 2022 WL 16943006 (Fed. Cir. Nov. 15, 2022) (Circuit Judges Chen, Bryson, and Hughes presiding; Opinion by Bryson, J.) (Appeal from D. Del., Connolly, J.)... By: Robins Kaplan LLP ..read more