hershey_kisses.jpgIPNews® – Shaw Industries Group Inc., the world’s leading manufacturer of carpet and flooring, filed a lawsuit against Hershey Co. seeking a declaratory judgment that Shaw’s “Chocolate Kiss” carpet color does not infringe Hershey’s KISS related trademarks.

In the complaint, Shaw claims it has been selling “Chocolate Kiss” colored flooring for over 20 years without any known confusion with Hershey’s miniature chocolates.  Shaw claims that Hershey is threatening it with legal action and it is seeking declaratory relief to protect it from further losses until it can complete its planned phase out of the color by June of this year.

To continue reading, click: Does “Chocolate Kiss” Colored Flooring Infringe on Hershey’s Trademarks?

facebook.jpgIPNews® – Rembrandt Social Media LP sued Facebook Inc. in Virginia claiming Facebook is infringing two of its patents with its “Like” button and other sharing technology.

Rembrandt claims that it owns two patents covering technology that allows users to create a personal webpage and pull content from third party sources without any training in computer programming.  Rembrandt claims that in addition to sharing technology, Facebook copied nearly everything about its website from its patents, including the idea of placing advertisements on personal web diaries to turn a profit.

To continue reading, click: Facebook Accused of Infringing Patents with “Like” Button 

pills.jpgIPNews® – Purdue Pharma LP filed a lawsuit in New York on Friday claiming that two generic drug manufacturers’ planned generic versions of the “abuse-proof” form of OxyContin will infringe two patents licensed to the company.

Watson Pharmaceuticals Inc. and Impax Laboratories Inc. both sent letters to Purdue in December, informing the company of their plans to make a generic form of the drug.  Purdue asked the court for an injunction preventing the companies from making the generic versions of the painkiller, claiming the release of a generic form of the drug would cause irreparable harm to Purdue.

To continue reading, click: OxyContin Manufacturer Sues Generics Makers for Patent Infringement

batman-keys.jpgIPNews® – A custom car designer asked the California Central District to throw out DC Comics Inc’s lawsuit alleging he infringed on its trademarks and copyrights by selling replica Batmobiles.

Gotham Garage owner Mark Towle argued that DC Comics knew he had been building Batmobiles since 2003 and yet never told him to stop or informed him that he was infringing on its trademarks and copyrights.  He also argued that the lawsuit should not be allowed to proceed as the company did not suffer any damages from his sales of the Batmobile.

To continue reading, click: DC Comics Sues Batmobile Maker for Trademark and Copyright Infringement

ipad-iphone.jpgIPNews® – A district judge denied both Apple and Samsung’s post-trial motions on Tuesday that challenged the $1.05 billion patent infringement judgment against Samsung.

Apple and Samsung were both denied motions for a new trial and Apple lost it bid for treble damages as the company did not adequately prove that Samsung had willfully infringed its patents.  Samsung lost its bid to lower the amount of damages based on its arguments that the jury had improperly calculated the damages and that Apple’s patents were invalid.

To continue reading, click: District Judge Denies Apple, Samsung’s Post-Trial Motions

pills-tablets.jpgIPNews® – The Federal Circuit ruled in favor of pharmaceutical giant Allergan, saying that two generic-drug manufacturers would infringe its patent if they attempted to make a generic form of Lumigan, a patented drug for glaucoma patients.

Barr Laboratories, Inc. and Sandoz, Inc. were found by the lower court to not have sufficiently proven their claims that Allergan’s patent was invalid due to prior art and obviousness.  The Federal Circuit upheld the decision and banned the companies from making a generic form of the drug until the patent expires.

To continue reading, click:  Allergan Wins Patent Infringement Suit Against Generic-Drug Manufacturers

pills.jpgIPNews® – Pfizer Inc. and Northwestern University filed a lawsuit on Friday in an attempt to prevent a generic-drug manufacturer from producing a form of the patented drug Lyrica.

The company and the university have actively fought to protect the patent for the drug, which brought in more than $3.7 billion in revenues in 2011.  Wockhardt Ltd. claims that the patent should be invalid due to obviousness and is attempting to obtain permission to manufacture and distribute a generic form of the drug in America.

To continue reading, click:  Pfizer Claims Generic-Drug Makers Infringe Lyrica Patent

money-cut.jpgIPNews® – H&R Block Inc. filed a lawsuit against TurboTax maker Intuit for its recent advertising campaign that H&R Block claims is disparaging.

H&R Block alleged in its complaint that Intuit makes unauthorized use of the H&R Block trademark and makes the company out to be incompetent and untrustworthy.  H&R Block claims Intuit is making unauthorized use of its trademark and is engaging in unfair competition and false advertising.

To continue reading, click:  H&R Block Sues Intuit for Trademark Infringement and False Advertising

tv setup.jpgIPNews® – Fox Broadcasting Co. lost the first round of its fight for an injunction against Dish Network Corp.’s over Dish’s AutoHop DVR.

Fox claims that Dish’s DVR services, which allow consumers to record television and then automatically skip over commercials when watching shows, constitutes copyright infringement.  Dish counters that DVRs copy television programs for private use and are therefore protected under fair use.

To continue reading, click: Fox and Dish Network Debate over DVRs and Copyright Infringement

beer-bottle-pouring.jpgIPNews® – Anheuser-Busch InBev secured the rights to the BUD trademark in the EU despite the Czech brewer Budejobicky Budvar NP’s opposition to its registration.

Both companies began brewing beer in the 19th century and both named their brews Budweiser, after the Czech town of Budweis.  Budvar attempted to block Anheuser-Busch’s registration of the trademark BUD by claiming the term is an designation of origin and therefore cannot be trademarked.

To continue reading, click: Anheuser-Busch Wins BUD Trademark Battle in the European Union