The Supreme Court today adopted a new test for claims under the federal Lanham Act, which creates a cause of action for "false association" and "false advertising". Lexmark Int'l, Inc. v. Static Control Components, Inc., No. 12-873, slip op. 3 (U.S. Mar. 25, 2014).
Writing for a 9-0 Court, Justice Antonin Scalia brushed aside
If you've handled a bunch of patent cases without running across the Kessler doctrine, don't feel like the Lone Ranger. Until today, IP wizards like you likely had little cause to know about the patent-claim-killing rule that sprang more than a century ago from Kessler v. Eldred, 206 U.S. 285 (1907). Be warned. It's
The latest from the Federal Circuit teaches that a transfer of ownership rights in intellectual property doesn't necessarily bar the transferor from using the IP.
The case involved an ex-employee of Energy Recovery, Inc., Leif J. Hauge. ERI had sued Mr. Hauge over who owned IP relating to "pressure exchangers", which relate somehow to "reverse
The Chief Judge of the Ninth Circuit erred when he booted patent infringement claims against "Street View", the Google feature that lets you look at images of houses, buildings, and other objects that line streets and highways online.
The mistake came in how Chief Judge Alex Kozinski construed a phrase — "substantially elevations" — that described the
A crucial part of a patent case involves the Markman hearing. There, the district judge listens to and sees evidence, PowerPoints, blow-ups, claim charts, and arguments that each side puts forward in hopes that Her Honor will choose their version of what the words of the patent claims mean.
You might wonder why they
When the Naismith Memorial Basketball Hall of Fame inducted long-time Chicago Bulls shooting guard Michael Jordan in 2009, Jewel Food Stores gave an assist by agreeing to sell (in its 175 Windy City-area grocery stores) a special Sports Illustrated issue that honored Jordan and his awesome career. SI in return provided Jewel a free throw – a full-page
The Swiss company Swatch makes stylish watches but takes itself Way Too Seriously.
A couple of weeks ago, Swatch lost an appeal over whether the maker of low-end, cutie-pie Swap watches infringed the high-end, hoity-toity Swatch trademark. "Swiss Swatch Swings at Swap, Whiffs".
This week, Swatch lost an appeal having to do with an
Does a patent licensee's filing of a declaratory judgment action against a patent holder shift the burden of persuasion from the holder to the licensee — or must the holder still persuade the trier of fact that the licensee infringes the patent?
The Supreme Court held today that the burden stays with the patent holder
The big three of intellectual property disputes in federal courts – the Copyright Act, the Patent Act, and the Lanham (Trademark) Act – drew the focus of the U.S. Supreme Court today. The justices granted review in three IP cases and one IP-ish one. The cases present these questions:
Whether the Federal Circuit erred in holding
Inhale, Inc., got a copyright certificate from the U.S. Copyright Office for a hookah that featured a skull-and-crossbones design.
A month later, Inhale sued Starbuzz Tobacco for infringing the copyright.
But Starbuzz's hookah didn't include the osseous symbol that appears often on pirates' Jolly Rogers.
The lack of bony stuff didn't matter, Inhale puffed, due to the