09 March

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Baseball Trademark Infringement Slugout with Major League and Upper Deck Trading Cards

Posted by Michael

Last week, Major League Baseball settled a trademark infringement case against the Carlsbad, CA based trading card company, Upper Deck. Upper Deck failed to completely eliminate the MLB logo from some lines of their 2010 baseball cards.Although Upper Deck’s 2010 baseball cards did not display MLB’s logo on any of its packaging or cards, the logo was visible in certain photos, on several of the players’ uniforms and hats. Upper Deck failed to airbrush off the logos. And yes, even a minuscule MLB logo on a player’s hat is still a trademark. Exclusive rights to a trademark mean exclusive rights.In...

04 March

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Trek Trademark Infringement…Dismissed!

Posted by Michael

in Litigation, Trademark

In true David vs. Goliath style, an obscure California winery held its ground in court yesterday against Trek, the largest U.S. manufacturer of bicycles and related products. Novato-based Trek Wines was sued by Trek Bicycle Corporation in October 2009 for trademark infringement, in the matter of Trek Bicycle Corporation v. Trek Winery, LLC, in the Western district court in Wisconsin. Trek Bicycle Co. accused the winery of federal and state trademark infringement when three cases of their wine made it to Wisconsin (Trek bikes’ home state) last year.U.S. District judge Barbara Crabb granted Trek Wine’s motion to dismiss, stating that...

02 March

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Facebook Patent Unleashed!

Posted by Michael

in Patent

Facebook obtains potentially powerful patent on Newsfeed technologyIn 2006, Facebook filed a patent application on its much-imitated Newsfeed technology. Last week the patent was granted. Facebook has yet to announce any plans for legal action, but Web sites all over must be feeling more than a little apprehensive. After all, Twitter is essentially one big news feed. Google, Myspace and Flickr all use a similar technology.The USPTO granted coverage to “the generation of activity elements associated with a user through a social network, tethering an information link associated with at least one these activities, limiting access to material in question...

27 February

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Software Patents and Business Methods Patents, Are They Patentable?

Posted by Michael

in Patent

Are software and business methods patentable? If you have been Googling the topic recently, you may have heard that the US Supreme Court and the Federal Circuit have heard a series of different cases during the past few years regarding it. Before I get into the history below, the short answer is still generally yes for software patents, with exceptions, but probably not for pure business methods, with exceptions of course!Some of the earliest cases in the 70’s held that abstract ideas are not patentable, thus computer software which is composed of algorithms/mathematical concepts were held not to be patentable....

23 February

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Copyright Infringement Harry Potter Style

Posted by Michael

in Copyright, Trademark

A 36 page children’s book from a now-deceased and totally obscure British author may have lead to Harry Potter. Last week, the Associated Press reported that J.K. Rowling and her publisher are being sued for copyright infringement.The estate of Adrian Jacobs, who died penniless in 1997, alleges that Rowling’s fourth book, “Harry Potter and the Goblet of Fire,” was lifted from “The Adventures of Willy the Wizard,” written by Jacobs in 1987. The trustee of Jacobs’ estate, Paul Allen, is suing for over $500 million pounds.According to Rowling: “The claims that are made are not only unfounded but absurd, and...

19 February

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Trademark Oppositions Cancellations Get Accelerated Case Resolution

Posted by Michael

in Trademark

If you know about trademark oppositions and cancellations before the Trademark Trial and Appeal Board (TTAB), then here is a new procedure that may be right for you. The TTAB has recently introducted Accelerated Case Resolution (ACR).ACR is streamed line procedure used during an existing opposition and cancellation. It works like this: In the preliminary stages of a TTAB proceeding, the parties agree that only a small amount of evidence or testimony will be used, and that the overall record is not extensive. ACR is then requested from the TTAB. Generally, notice should be given to the TTAB during the...

17 February

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Legalzoom Complaint, Again

Posted by Michael

in Trademark

In its nine years or so of business, Los Angeles-based Legalzoom.com has earned praise, awards, quite a bit of money, and most recently…a 5-million dollar class-action petition.In 2008, a Missouri man, Todd Janson, used Legalzoom to prepare a Last Will and Testament. Perhaps dissatisfied with the service, Janson filed a petition against Legalzoom in the District court of Cole County, Missouri titled Todd Janson on Behalf of Himself and all other Missourians similarly Situated v. Legalzoom, Inc. In January 2009, a class-action petition was filed, which included Todd Janson and C&J Remodeling (and any other Missourians who had used Legalzoom...

15 February

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Orange County Trademark Lawyers New Office in Irvine

Posted by Michael

in Trademark

We our proud to announce the opening of our second location in Orange County in Irvine California. Our attorneys will extend the same trademark, patent, copyright, business and other Intellectual Property services at this location. Los Angeles Trademark Lawyer...

09 February

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Chinese Trademarks Are More Important Than You Think

Posted by Michael

in Trademark

As a Los Angeles patent and trademark attorney, many of my clients ask about the possibility of getting their invention stolen when manufacturing in China. Sorry to scare you, but now you have something else to worry about. Recently, companies manufacturing in China have come across some costly and time-consuming trademark predicaments. It seems that certain players in the Chinese market are using the Chinese trademark system to swindle unsuspecting American companies.These hucksters sell trademarks back to companies, manipulating the Chinese legal and trademark system. It works something like this: An American company decides to manufacture their product in China,...

08 February

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Aerosmith Trademark Battle Near

Posted by Michael

in Trademark

A trademark battle for the ownership of the Aerosmith name could be on the horizon. For nearly a year now, rumors have been circulating about Steven Tyler splitting from Aerosmith. Now, it appears that he might be kicked out. However, Skip Miller, Tyler’s attorney, is threatening to sue the remaining members of the band for trademark infringement if Tyler gets the boot. According to the USPTO, Aerosmith is a registered trademark of Rag Doll Merchandising, Inc.According to Joe Perry, guitarist for Aerosmith, a combination Tyler’s lack of communication, injuries, and addiction to painkillers have plagued the band for some time...

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