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The United States Patent and Trademark Office issued a decision yesterday cancelling six federal trademark registrations owned by the Washington, D.C. National Football League franchise. The cancellation proceeding was brought by five Native American petitioners on the basis that the marks disparage persons or bring them into contempt or disrepute in violation of 15 U.S.C. § 1052(a). The Trademark Trial and....... Read More
The Supreme Court's recent decision in Lexmark International, Inc. v. Static Control Components, Inc. prescribed the appropriate framework for determining whether a plaintiff has standing in a false advertising action under the 15 U.S.C. 1125(a). Prior to this decision, there were three competing approaches to determining whether a plaintiff has standing to bring suit under the Lanham Act: · ....... Read More
· In Wax v. Amazon Techs., the Federal Circuit upheld the TTAB’s denial of registration of the mark AMAZON VENTURES. Applicant filed and intent-to-use application to register the mark for “investment management, raising venture capital for others, . . . and capital investment consultation.” Amazon Technologies, Inc.—online retailer and owner of several AMAZON.COM marks&mdas....... Read More
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In yet another case, the Federal Circuit has dealt with whether a party asserting a patent infringement claim had title to the patent, and thus standing to bring the claim against the defendant. Here, once the standing issue was raised at the district court, the Plaintiff opted to fix the chain of title, voluntarily dismiss its claim, and refile a new case against the defendant. The court granted the dismissal (....... Read More
The Federal Circuit ruled today that a patentee could not argue a different claim construction than that argued before the district court. Because of this, the court affirmed the lower court's grant of summary judgment of noninfringement against the patent holder. Also, the court held that the patent holder did have standing to bring the case. Issues relating to the chain of title of a patent are determined by ....... Read More
The Federal Circuit has once again found the plaintiff in a patent infringement lawsuit did not have standing to bring its infringement claim. In order for a single plaintiff to have standing to assert infringement of a patent, that plaintiff must be the owner of the entire interest in the patent. As succinctly stated by the court: "Absent the voluntary joinder of all co-owners of the patent, a co-owner ac....... Read More
In Propat International Corp & David Find and Helene Glasser ("Propat") v. RPsot International Limted, Zafar Khan, Kenneth Barton and Terrance Tomkow ("Rpost"), the Federal Circuit affirmed the district court's decision that Propat lacked standing to sue for infringement and, on the cross-appeal, affirmed the district court's order denying RPost's request for an award of fees and costs. At issue was a patent ("t....... Read More
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