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Cohen Law > Blog (Page 7)

Super Soaker Settlement $73 Million

The power of creating an incredible invention and having good counsel can be seen in a recent arbitration settlement in which the inventor of the Super Soaker, Lonnie Johnson Ph.D, was awarded $72.9 million in royalties against Hasbro. Although Johnson has over 80 patents, many of which we are sure relate to the Super Soaker or variations of it, Johnson was able to obtain this mammoth settlement based on a breach of contract of a more ambiguous nature rather than on any specific intellectual property. Namely, in a 1996 agreement, Hasbro agreed to pay Johnson royalties of 2 percent for...

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USPTO Remains Open During Government Shutdown

While many government agencies have been forced to close shop as a result of the quibbling between the members of Congress, there has been one bright bastion of hope for American efficiency; the United States Patent and Trademark Office. Without sounding like I’ve been paid by them, the USPTO appears to be the exemplary son of Uncle Sam compared to its inept siblings. Why? Because it remains open during the shutdown, able to stand on its own feet. See their official comment here: http://www.uspto.gov/news/2013ops.jspUSPTO shutdown Don’t get me wrong, as an IP firm with a high volume of patent and trademark...

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Louboutin and Yves Saint Laurent’s Trademark Update

The sage continues, but this time the brawl between the two high-end fashion titans takes place in the United States Patent and Trademark Office. Back in September of 2012, the Second Circuit issued an important fact-specific ruling in regards to Christian Louboutin‘s trademark covering the red sole of their shoe in that protection will remain only when the red outsole is contrasted with the “upper” of the shoe. The opinion stems from the affirmation of the district court’s denial of Louboutin’s motion for a preliminary injunction against Yves Saint Laurent (YSL). The Second Circuit specifically found that “it is the...

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