The Examining Attorney at the USPTO initially believed that the trademark IPAD MINI was merely descriptive, and also rejected the specimen of use submitted with the application. On April 3, 2013, without any response filed by Apple, the Examiner withdrew the refusals. To continue reading, click: USPTO Reverses Position on Apple’s IPAD MINI Trademark Application
Apex Medical Corp. and Medical Depot Inc. face an exclusion order in the ITC and damages in addition to an injunction in the federal action. ResMed is alleging that the companies have infringement at least seven of its patents. To continue reading, click: ResMed Sues For Infringement of Sleep Apnea Patents
The 2nd Circuit held that Disney had the unfettered right to buy the TINKERBELL trademark despite the existence of an ongoing license to a third company - Icebox-Scoops, Inc. Icebox-Scoops had claimed that it was damaged by Disney as a result of the purchase. To continue reading, click: Disney Wins Dismissal in Feud Over TINKERBELL Trademark
In a recent decision in the ITC, an Administrative Law Judge held that Microsoft had not infringed Motorola's patent. The decision relates to Microsoft's popular Xbox 360 gaming console. To continue reading, click: ITC Sides with Microsoft in Patent Claim
IPNews® - Unilever NV and International IP Holdings, LLC have filed lawsuits against each other in two separate federal courts to determine whether the SLIMFUL trademark infringes the SLIM-FAST trademark.
International IP Holdings filed a lawsuit for declaratory relief that its SLIMFUL trademark does not infringe Unilever’s SLIM-FAST trademark in Michigan federal court. Unilever also filed a complaint in New York federal court, alleging that the Slimful products infringe Unilever’s trademarks and trade dress.
To continue reading, click: Diet Food Companies Clash over SLIM-FAST and SLIMFUL Trademarks
Solid 21’s rival Breitling USA, Inc. argued that the lower court was right to dismiss the lawsuit brought against it by Solid 21 because the trademark RED GOLD is generic as it describes the color of the metal alloy that it refers to. The appeals panel, however, said that Solid 21 had shown its trademark was registered and therefore was entitled to the presumption of validity.
To continue reading, click: Ninth Circuit Reverses Ruling that Jeweler’s RED GOLD Trademark is Generic
THX, a cinematic acoustics company founded by “Star Wars” creator George Lucas, filed the complaint in the Northern District of California claiming that Apple is selling and importing products that infringe its narrow-profile speaker patent. THX is seeking damages and an injunction prohibiting Apple from continuing the infringement.
To continue reading, click: Apple Sued by Star Wars’ Lucas Company for Infringing Speaker Patent
IPNews® - A U.S. federal judge denied Aereo, Inc.’s bid for a temporary restraining order against FilmOn.com, Inc. that would have prohibited FilmOn from using the AERO trademark or the Aero.tv domain name until the trademark infringement lawsuit between the two concluded.
Aereo alleged that FilmOn purposely chose Aero as the name of its online television streaming service in order to confuse consumers and benefit from the goodwill that Aereo has built over the years. However, U.S. District Judge Audrey B. Collins apparently sided with FilmOn’s argument that a temporary restraining order was a drastic move, as she denied Aereo’s request without comment.
To continue reading, click: Aereo Loses Bid for TRO in AERO Trademark Infringement Lawsuit
IPNews® - Sony Corp.’s PlayStation 3 and at least one of its Blu-ray players infringes four of TV Interactive’s patents, according to an expert witness’s testimony in front of a San Francisco jury last Wednesday.
TV Interactive filed a lawsuit against Sony alleging that the company’s PlayStation 3 and BDP-S500 Blu-ray disc player infringe on patents owned by TV Interactive that cover technologies that allow discs to be played automatically, rather than requiring the user to press a play button. Sony argued against the allegations, saying that TV Interactive knew about Sony’s infringing technology since at least 1996, but chose not to do anything about it.
To continue reading, click: Expert says Sony Infringed TV Interactive’s Automatic DVD Playback Patents
IPNews® - Penguin Group USA, Inc.’s copyright infringement lawsuit against a small nonprofit online library was dismissed by a New York federal judge last week, after the publishing company was unable to satisfy jurisdictional requirements.
Penguin filed a complaint against the nonprofit online library American Buddha in 2009, after the publishing giant discovered the website was offering unauthorized copies of books it publishes. Despite the alleged infringement, a New York federal judge said the court did not have jurisdiction over the case because the Arizona-based company’s profits were not substantial enough for the court to employ the long-arm statute.
To continue reading, click: Penguin’s Copyright Claims Dismissed over Rivals Miniscule Profits