Supreme Court has held that isolated human genes are not patentable. See below for more. http://online.wsj.com/article/SB10001424127887324049504578543250466974398.html?mod=djemalertNEWS ...
Continue readingCongratulations to LA’s new Mayor Eric Garcetti. We are optimistic about Garcetti’s role in shaping LA’s future in the tech area. Why Tech Loves Eric Garcetti...
Continue readingThe 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...
Continue readingCohen IP Law Group, P.C. is once again pleased to announce the nomination of Michael N. Cohen for inclusion in the 2013 Southern California Rising Stars Super Lawyers® publication. Super Lawyers® is a listing of outstanding lawyers from more than 70 practice areas who have attained a high-degree of professional achievement. The selection process is multi-phased and includes independent research, confirmation that nominees are properly licensed, in good standing with the state licensing agency, and, when possible, that they have no history of disciplinary action that would warrant removal from the list. In addition to a general survey, an attorney-led research...
Continue readingCohen IP Law Group PC, is proud to announce that we are one of the select new bloggers for the Los Angeles Intellectual Property Law Association (LAIPLA). The blog can be viewed here: http://www.laipla.net/category/trademark-lawyers-mind/ ...
Continue readingEarly this month, Demitri Brown and Donna Evans-Brown (the “Browns”) filed a federal trademark infringement suit against Christopher Bridges p/k/a Ludacris, claiming that Luda’s “Disturbing Tha Peace” trademark is confusingly similar to their mark “Disturb the Peace.” However, “Disturb the Peace” has been canceled since August 31, 2004. This means that the Browns no longer have a valid US Federal Trademark Registration, which ultimately means that they may likely only claim common law trademark rights and not Federal trademark rights. On the other hand, Ludacris has several trademark registrations that incorporate “Disturbing Tha Peace” (Reg. Nos. 3159855, 2945795, 2923163, 2925238, 3220495,...
Continue readingThe LIGHTNING trademark, OHIM Reg. Nos. 011399821 and 011399862, were first issued to Harley Davidson in 2005. Recently, “Lightning” has also become the preferred moniker for Apple’s smaller, 8-pin dock connector. On or around November 22, 2012, Harley Davidson allegedly “partially transferred” trademark rights to Apple with respect to the LIGHTNING mark. That’s great. But, what does this really mean? Well, according to the OHIM Trade Mark search database, Harley Davidson still owns trademark rights over the international classes 25, 26 and 18, while Apple now owns the rights over international classes 9 and 28. Cool. So what does this mean?...
Continue readingThe Kardashians already had to deal with being accused of copyright infringement with their purse line, Kardashian Kollection. Now, just last week, Chroma Makeup Studios publicly denounced the Kardashians’ upcoming makeup line “Khroma Beauty by Kourtney, Kim & Khloe.” The Chroma Makeup Studios website’s home page is currently a long letter to its loyal fans declaring that it is in no way, shape, or form associated with the Kardashians. Further, it states a little blurb about the Federal trademark law and how the founders, Lisa Casino and Michael Rey III are “taking all appropriate steps to defend its reputation and...
Continue readingGreat event at the Beverly Hills Bar Association, the program is titled: “Dressing Up IP: Copyright, Trademark, and Licensing Issues in the Fashion Industry.” The program will be on October 11, 2012 and may be attended in person, streamed live online, or viewed via the internet at a later date. Additionally, the program offers MCLE credit: “MCLE CREDIT: This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1.5 HOURS and the Beverly Hills Bar Association certifies that this activity conforms to the standards for approved prescribed by the rules...
Continue readingWe love filing letters of protest. The Cohen IP Law Group frequently uses this lesser-known trademark procedure prior to the publication period to oppose a pending trademark application that may go to issuance without having to file an actual opposition proceeding. So what is a Letter of Protest? Essentially it allows a third party to bring forth evidence ex parte that was not known to the examining attorney assigned to a particular trademark application, to let him become aware that the pending application he is reviewing should not be issued. The Letter of Protest must be filed before Publication, although...
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