Lidl v Tesco: UK supermarkets clash over bad faith
Intellectual Property | JD Supra Law News
by Hogan Lovells, Joel Smith, Penelope Thornton
29m ago
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
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Privacy and Publicity Claims Under NY Civil Rights Law §§ 50 and 51 Excluded From CDA IP Exception
Intellectual Property | JD Supra Law News
by Manatt, Phelps & Phillips, LLP, Samantha Katze
29m ago
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
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Not Playing Games: Trademark Dispute Between Gaming Equipment Rivals Reaches Federal Appeals Court
Intellectual Property | JD Supra Law News
by Smith Anderson, Philip Cardinale, Michael Mitchell, Edward Roche
2h ago
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
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The International Registration Of The Madrid System (WIPO)
Intellectual Property | JD Supra Law News
by Dunlap Bennett & Ludwig PLLC, Farzad Panjshiri
4h ago
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
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100% That’s My Trademark: Common Terms Can Be Source Identifiers Under The Right Circumstances
Intellectual Property | JD Supra Law News
by Polsinelli, Matthew Smith
5h ago
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
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Patent Poetry: When is a patented product sold “within the United States”?
Intellectual Property | JD Supra Law News
by AEON Law, Adam Philipp
5h ago
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
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[Virtual Event] Act Now or Act Later? Unitary Patents and The UPC - February 21st, 12:00 pm - 1:30 pm EST
Intellectual Property | JD Supra Law News
by Womble Bond Dickinson, Ryan Cagle, James Love, Fabio Marino, Karthika Perumal, Ph.D.
5h ago
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
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Proof of Prior Art Requires Sufficient Corroboration By Credible Evidence
Intellectual Property | JD Supra Law News
by Jones Day, Susan Gerber, Matthew Johnson
5h ago
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
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[Audio] Guest Starr Discusses The Research Behind the FTC’s Proposed Noncompete Ban (Fairly Competing, Episode 21)
Intellectual Property | JD Supra Law News
by Beck Reed Riden LLP
5h ago
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
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Pharmacyclics LLC v. Alvogen, Inc.
Intellectual Property | JD Supra Law News
by Robins Kaplan LLP
3d ago
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
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