In April 2012, the U.S. Court of Appeals for the Fourth Circuit decided the keyword advertising case Rosetta Stone Ltd. v. Google Inc. 676 F.3d. 144 (4th Cir., April 9, 2012). The plaintiff-appellant, Rosetta Stone, appealed from a judgment of the U.S. District Court for the Eastern District of Virginia. In its opinion, the Fourth [...]
On August 3, 2012, the US Court of Appeals for the Federal Circuit issued a decision in the case Lens.com, Inc. v. 1-800 Contacts, Inc. In the case, the Federal Circuit upheld a decision of the USPTO Trademark Trial and Appeal Board (“TTAB”) granting a motion for summary judgment and ordering the cancellation of Lens.com’s [...]
On July 9, 2012, the US Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (“TTAB”) refusal of Midwestern Pet Foods’ (“Midwestern”) application for the mark WAGGIN’ STRIPS due to a likelihood of confusion with another mark, BEGGIN’ STRIPS, owned by Societe des Produits Nestle (“Nestle”). Midwestern filed an intent-to-use [...]
Background A trademark can be many things — even sounds or smells. By definition, a trademark is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs, which identify and distinguishes the source of the goods or services of one party from those of others. It is obviously important to consider [...]
On May 14, 2012, JibJab Media Inc. filed suit in federal court in California against White Castle for “Trademark infringement and unfair competition. . . .” (See USPTO JibJab Trademark Record here). JibJab Media Inc. is the company that runs the very popular media website that is, perhaps, best known for its political parody videos [...]
Federal Circuit Explains That Summary Judgment can be Delayed When Additional Discovery is Essential to Opposition
Ninth Circuit Clarifies Requirements for Vicarious and Contributory Copyright Infringement Claims
Federal Circuit Applies Collateral Estoppel to Patent Claim Terms Not Previously Construed
