Tag Archives: patent

Call for Authors – Feminist Judgments: Rewritten Property Opinions

Posted on April 4, 2019 by rtushnet

Deadline for Applying: Friday, April 26, 2019 The U.S. Feminist Judgments Project seeks contributors of rewritten judicial opinions and commentary on the rewritten opinions for an edited collection tentatively titled Feminist Judgments: Rewritten Property Opinions. This edited volume is part … Continue reading →

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Bad argument of the day: potential registration should count as (R) because opposer is accused infringer

Posted on April 1, 2019 by rtushnet

Herman Miller, Inc. v. Blumenthal Distributing, Inc., 2019 WL 1416472, No. LA CV17-04279 JAK (SPx) (C.D. Cal. Mar. 3, 2019) Lots of stuff going on here.  Herman Miller sued Blumenthal for infringing on the trade dress of one of its … Continue reading →

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Lanham Act claim based on patent threats fails even with invalidation of the patent

Posted on March 20, 2019 by rtushnet

American Fireglass v. Moderustic, Inc., — F.Supp.3d —-, 2019 WL 1227963, No. 15-CV-2866 JLS (BGS) (S.D. Cal. Mar. 15, 2019) The parties compete in the market for pieces of broken tempered glass for use in fireplaces and fire pits (Moderustic … Continue reading →

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

Posted on February 13, 2019 by rtushnet

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)

Posted on February 12, 2019 by rtushnet

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)

Posted on January 4, 2019 by rtushnet

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)

Posted on January 4, 2019 by rtushnet

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

Posted on November 10, 2018 by rtushnet

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

Posted on August 11, 2018 by rtushnet

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

Posted on August 10, 2018 by rtushnet

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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