Tag Archives: patent

False advertising claim based on patent threats fails to overcome high hurdles for such a claim

Globe Cotyarn Pvt. Ltd. v. Next Creations Holdings LLC, 2019 WL 498303, No. 18 Civ. 04208 (ER) (S.D.N.Y. Feb. 8, 2019) Globe, a fabric manufacturer, sued a fabric patent holder, AAVN, and its subsidiary, Next Creations, for falsely claiming that … Continue reading

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WIPIP 2019, Plenary (designs)

Whole Designs, Sarah Burstein What is a “design for a useful article”?  TLDR: it’s a whole article.  Egyptian Goddess said the infringement test has to be sameness of appearance. Must appear substantially the same to the ordinary observer. Worst design … Continue reading

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Y/S/H Junior Faculty Forum, June 5-6 2019 Request for Submissions (including IP)

Yale/Stanford/Harvard Junior Faculty Forum June 5-6, 2019, Yale Law School Yale, Stanford, and Harvard Law Schools announce the 20th session of the Junior Faculty Forum to be held at Yale Law School on June 5-6, 2019. The Forum’s objective is … Continue reading

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Y/S/H Junior Faculty Forum, June 5-6 2019 Request for Submissions (including IP)

Yale/Stanford/Harvard Junior Faculty Forum June 5-6, 2019, Yale Law School Yale, Stanford, and Harvard Law Schools announce the 20th session of the Junior Faculty Forum to be held at Yale Law School on June 5-6, 2019. The Forum’s objective is … Continue reading

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False patent marking claim fails in cannabis case despite clear falsity/motive to crush competition: mostly it didn’t work

Kremerman v. Open Source Steel, LLC, 2018 WL 5785441, No. C17-953-BAT (W.D. Wash. Nov. 5, 2018) This case involved cannabis distillation equipment. Kremerman sued OSS for design patent and trade dress infringement and related claims. OSS counterclaimed for false patent … Continue reading

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IPSC session 6

Session 6: Tort-Tinged IP Ben Depoorter (and Robert Walker), So Sue Me … Please! Reverse Nuisance in Intellectual Property Law Goldieblox case: filed declaratory judgment against Beastie Boys. Getting sued can sometimes be a boon and can bring a lot … Continue reading

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IPSC session 4

Session 4: Old and New Theories of IP Shyam Balganesh, The Common Law of Copyright Censorial copyright claims: motivated by non economic, dignitary concerns, and the author/creator’s principal objective is expurgatory—to prevent the work from circulating publicly. These claims have … Continue reading

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