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Second Circuit: revisions to Federal Trademark Dilution Statute revive Starbucks claim
February 16, 2007
Post by Blog Staff
The Second Circuit recently ruled that coffee giant Starbucks could proceed with its trademark dilution case against a defendant using the mark "Mr. Charbucks." In 2005, the lower court found after a bench trial that Starbucks had not proven actual dilution of its trademark, the requirement under the earlier version of the statute. The statute was amended on October 6, 2006, while the case was on appeal, and now.......
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Happy Valentine's Day!
February 14, 2007
Post by Blog Staff
Source.....
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Federal Circuit accepts rare interlocutory claim construction appeal
February 14, 2007
Post by Blog Staff
Today the Federal Circuit accepted an interlocutory appeal from a district court relating to patent claim construction. Because of the rarity of such a decision by the Federal Circuit, the court felt compelled to explain, in a precedential order, why it was accepting the order, and so members of the bar wouldn't get their hopes up that the court will be accepting more interlocutory appeals on claim construction i.......
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House passes pilot program for judges to volunteer for patent cases
February 13, 2007
Post by Blog Staff
Yesterday the U.S. House of Representatives passed H.R.34, a bill that would establish a pilot program that would enable district court judges who want to hear patent cases to volunteer for such cases as well as receive additional training on patent law. The bill now moves to the Senate, where some expect it will also pass and eventually be signed into law by President Bush this year. Under the bil.......
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Fourth Circuit a "maddening mixture of getting some things right and some things very very wrong"
February 13, 2007
Post by Blog Staff
William Patry, author of a treatise on copyright law, has an interesting post on his copyright law blog about a decision yesterday in the Fourth Circuit. The facts of the case are relatively simple the plaintiff owned a copyright on some architectural plans that the defendant obtained an unauthorized copy of. The defendant used the plans to have his house built. The plaintiff sued, seeking damages both for the .......
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Happy National Inventors' Day!
February 11, 2007
Post by Blog Staff
Today is National Inventors' Day, a day to celebrate the contributions that inventors have brought into our lives. National Inventors' Day is today (February 11) because it is also the birthday of one of the most prolific inventors of all time, Thomas Alva Edison, who was awarded 1,097 patents over the course of his lifetime, including most famously the incandescent light bulb (Patent No. 223,898). Nat.......
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Inventors Hall of Fame announces 2007 inductees
February 10, 2007
Post by Blog Staff
The National Inventors Hall of Fame has announced this year's inductees. In all, 16 inventors were inducted, 7 living and 9 posthumously. Those honored include: Paul Baran and Donald Davies for digital packet switching Paul Lauterbur and Peter Mansfield for Magnetic resonance imaging (MRI) Emmett Chappelle for Bioluminescence techniques Leroy Hood for the.......
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Dippin' Dots: brought to you by inequitable conduct, but not an antitrust violation
February 09, 2007
Post by Blog Staff
What do Dippin' Dots, the little beads of ice cream sold at fairs, stadiums, and malls, have to do with patent and antitrust law? For the Federal Circuit, they presented the "close case" where a patent holder can be found to have engaged in inequitable conduct during prosecution of the patent but is not liable for a Walker Process antitrust claim by an infringement defendant. This is possib.......
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India's Union Cabinet approves accession to Madrid Protocol
February 08, 2007
Post by Blog Staff
Today, India's Union Cabinet approved India's accession to the Madrid Protocol, the international treaty relating to registration of trademarks. The next step will be introduction of Bill in India's Parliament to finalize the accession and to amend India's trademark laws to include the requirements of the Madrid Protocol. The Madrid Protocol permits trademark applicants to fine a single application.......
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Seventh Circuit: single sale insufficient use in commerce to support trademark registration
February 08, 2007
Post by Blog Staff
In Custom Vehicles, Inc. v. Forest River, Inc., the Seventh Circuit Court of Appeals held that a trademark plaintiff did not engage in sufficient use in commerce to support trademark rights. Even worse for the plaintiff, the court held that even if there were sufficient use, the mark at issue was descriptive, and there was no secondary meaning, so the plaintiff had no trademark rights to enforce. Ultimately, the.......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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