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Tag Archives: Patents

Dubious Patent Trolls and a Crowdfunded Infringement Defense

Posted in Infringement, Law Suits, Mixed Bag of Nuts, Patents

We’ve spent time discussing the patent troll phenomenon in the past.  Patent trolls are less pejoratively referred to as non-practicing entities, because they do not make or use the inventions covered by their patents.  Instead, these non-practicing entities operate by purchasing patents on various technologies, accusing companies of infringing those patents, and demanding the companies… Continue Reading

What Black Mamba, Make America Great Again, and Netflix Fast all have in common

Posted in Advertising, Branding, Fashion, Marketing, Patents, Trademarks, USPTO

– Jason Voiovich, Chief Customer Officer, Logic PD It’s not a new reality show. Let’s take that off the table straight away. That said, one could be forgiven this year (of all years) for imagining a scenario in which retired basketball great Kobe Bryant teamed up with not-so-retired real estate sort-of great Donald Trump to… Continue Reading

Samsung Seeks an Edge in Smart Phone Wars through Federal Registration

Posted in Infringement, Non-Traditional Trademarks, Product Configurations, Technology, Trademarks, USPTO

For years, Samsung and Apple have battled over intellectual property rights associated with each party’s smart phones. Apple sued Samsung in 2011 and the jury found that Samsung had infringed Apple’s trade dress, design patents, and utility patents. On May 15, 2015, the Federal Circuit upheld the findings regarding infringement of design and utility patents,… Continue Reading

Forget the 6s, is the iPhone 3d coming soon?

Posted in Branding, Non-Traditional Trademarks, Product Configurations, Product Packaging, Technology, Trademarks, USPTO

When the iPhone 6s was announced, the 3D touch was a heavily touted feature.  The touch screen can now sense how hard you’re pushing. Functionally, it’s a great improvement that gives users new ways to interact with programs. But a new trademark application filed by Apple on August 18, 2015 suggests that this may not… Continue Reading

Trolling for an Inventive Method for Patent Enforcement

Posted in Genericide, Idea Protection, Infringement, Law Suits, Loss of Rights, Patents, SoapBox, Squirrelly Thoughts, Technology, USPTO

In the wake of Jon Stewart and Stephen Colbert leaving their respective shows on Comedy Central for newer pastures, John Oliver has emerged as a new beacon of political humor and satire.  If you haven’t watched his show, and especially if you considered the former two as having an obvious political slant, you should check… Continue Reading

Doggone Trade Secret Issues

Posted in Mixed Bag of Nuts

 –Susan Perera, Attorney If you have a pup accustomed to gourmet dog treats from the Mall of America you might have an unhappy canine on your hands.  Megamall kiosk owner, Chewzy Dogs, has filed suit after its franchisor and maker of its dog treats abruptly ended its agreement to supply Chewzy Dogs with its trade… Continue Reading

Quilted Toilet Paper Design Flushed As Functional

Posted in Law Suits, Loss of Rights, Non-Traditional Trademarks, Trademarks

As the court ruled, and repeatedly reminded: "Toilet paper. This case is about toilet paper." Just last week the United States Court of Appeals for the Seventh Circuit enjoyed applying only a modicum of potty humor while deciding Georgia Pacific Consumer Products LP v. Kimberly-Clark Corporation, a case involving alleged non-traditional trademark rights in Georgia-Pacific’s Quilted Diamond… Continue Reading

Taste Infringement?

Posted in Advertising, Branding, Food, Guest Bloggers, Infringement, Marketing, Non-Traditional Trademarks, Taste, Trademarks, TTAB

    We’ve spent some time here discussing the world-famous Coca-Cola brand. Most recently, David Mitchell wrote about the incredible consistency of the Coca-Cola brand over the past 125 years. A while back Dave Taylor wrote a nice Ode to the Brand of Brands, the King of Cola: Coke. And, let’s not forget my humble suggestion that… Continue Reading

Samuel Adams Better Beer Glass . . . No Trademark For You?

Posted in Advertising, Branding, Food, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Sight, Trademarks

If the "Soup Nazi" were employed as a Trademark Examining Attorney at the USPTO, he might be heard crabbing at the makers of Samuel Adams Boston Lager, were they to attempt to register or claim as a trademark the shape of their "new" beer glass from 2007, now almost four years old: "No trademark for you!" ("Best… Continue Reading

The Patent Attorney Approach To Marketing

Posted in Marketing

–Dan Kelly, Attorney WARNING:  GRAPHIC CONTENT This post graphically shows what happens when a patent attorney attempts marketing.  If you have a sensitive stomach or feel faint at the mention of the word “algebra,” you may not want to read on. What follows is an attempt by a group of inventors, including “at least one” patent attorney,… Continue Reading