newspaper.jpgIPNews® – Yelp Inc. is infringing and profiting off of its misuse of Village Voice Media Holdings LLC’s trademarks for its annual “Best Of” features in its publications in many cities across the U.S., the national alt-weekly publisher alleged in a new action in Arizona federal court on Thursday.

Village Voice Media found out in September that Yelp was using its federally registered service trademarks for the “Best of” various cities, and tried to get Yelp to cease its use, to no avail, the complaint says. Yelp is operating with full knowledge of Village Voice Media’s trademark rights, and is nevertheless violating those rights, according to the complaint. To continue reading, click: Village Voice Media Goes After Yelp For “Best Of” Trademark Infringement

google.jpgIPNews® – A Los Angeles federal judge on Wednesday shut down Google Inc.’s attempt to ditch claims that it aided and abetted ContentWatch Inc. in misusing Cybersitter LLC’s trademarks in online ads to draw attention to ContentWatch’s own products.

Cybersitter, which developed, markets and sells an Internet content-filtering program, sued Google and ContentWatch Inc. over ContentWatch’s marketing of its own Internet content-filtering software, Net Nanny, and its use of Google’s AdWords paid advertising program. Cybersitter has pled sufficient facts to defeat Google’s motion to dismiss the trademark infringement claims and others, the judge ruled. To continue reading, click: Google Fails To Shake Cybersitter AdWords Trademark Infringement Claims

Winchester_mansion.jpgIPNews® – The owners of the popular San Jose tourist attraction the Winchester Mystery House cannot hold a film production company liable for using the Mystery House’s trademarks without authorization, a California state appeals court ruled Wednesday.

Global Asylum Inc. has a First Amendment right to use the name of the historical 160 room mansion, the California Sixth Appellate District said. The mansion was constantly under construction for 38 years at the will of Sarah Winchester, widow of gun manufacturer William Winchester, who believed she would be haunted by the ghosts of those slain by Winchester’s weapons if she ever stopped building. To continue reading, click: Calif. Appeals Court Shoots Down Mystery House Trademark Lawsuit

sampler.jpgIPNews® – Korg Inc., Yamaha Inc. and Diasonic Technology Co. came under assault in San Diego federal court Monday from a company based there alleging the musical instrument and equipment makers are violating its patent rights in a technology for using flash memory in recording devices.

The accused products include Yamaha’s Pocketrak CX, C24, W24 and 2G portable recorders; Korg’s MR-2 and SOS portable recorders, KAOSS Pads and Kaossilator samplers; and Diasonic’s DDR series of products, according to e.Digital Corp.’s series of complaints. Other companies targeted in the lawsuits include retailers Guitar Center Inc., Sam Ash Music Corp., Best Buy Co. J & R Electronics Inc., Sweetwater Sound Inc., Kraft Music Ltd. and Sec Tech Enterprises LLC. To continue reading, click: San Diego Tech Co. Sues Korg, Yamaha, Others For Recording Patent Infringement

iphone-ipad.jpgIPNews® – Samsung Electronics Co. has infringed four Apple Inc. patents for smartphone and tablet technology, according to a U.S. International Trade Commission administrative law judge’s initial ruling published Wednesday.

The patents found to be infringed cover headphone audio plug connector and touch screen technology, while certain other patents Apple asserted, including one for the design of the iPhone, were not found to be violated. If finalized, the ITC finding could lead to a ban on the import of certain Samsung devices into the U.S. To continue reading, click: ITC Rules Samsung Infringes Four Apple Smartphone, Tablet Patents

diamond_ring.jpgIPNews® – Tiffany LLC accused a Texas-based online retailer on Monday of infringing its trademarks by selling counterfeit jewelry.

Olga Sanchez, who operates Bag Fashion Under God, Elegant Bags, BagFashionMore.com and BagFashionSpa.com, is directly and personally engaging in the sale of counterfeit products, Tiffany says. The company is seeking $2 million in damages per trademark infringed. To continue reading, click: Tiffany Sues Texas Counterfeiter For Trademark Infringement

samsung.jpgIPNews® – The U.S. Department of Justice is investigating whether Samsung Electronics Co. abused its market position and acted anti-competitively with respect to its licensing commitments for its standard-essential patents, Apple Inc. said Monday.

The DOJ has joined the European Commission in looking into whether Samsung violated its commitments to license the standard-essential patents it owns on fair, reasonable and nondiscriminatory terms, Apple said in a filing with the U.S. International Trade Commission. The FTC and members of Congress have also expressed concerns about the potential anti-competitive effects of misuse of standard-essential patents, Apple noted. To continue reading, click: DOJ Examining Samsung For FRAND Patent Licensing Antitrust Issues

courthouse.jpgIPNews® – A three-judge Federal Circuit panel on Tuesday issued an affirmation of a patent rejection by the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board, but called for an en banc rehearing to clarify the standard of review the appeals court should apply to the PTAB’s claim construction rulings.

The appeal concerned an attempt by Flo Healthcare Solutions LLC to overturn a PTAB decision affirming the PTO’s reexamination decision finding its patent claims lacking, which the Federal Circuit upheld using a different reasoning. There is an unnecessary lack of clarity and uniformity in the rules on how to treat PTAB claim constructions, Circuit Judge S. Jay Plager, who authored the majority opinion, said. To continue reading, click: Federal Circuit Panel Wants Review Of PTO Claim Construction Standards

iphone.jpgIPNews® – A court in the Netherlands ruled once again on Wednesday that Samsung Electronics Co.’s smartphones and tablets do not infringe Apple Inc.’s European patent for a “touch event model,” following in line with other European court decisions rejecting the patent.

The Dutch court’s ruling reaffirmed a decision it made in August 2011, when it became the first European court to issue a non-infringement finding regarding the patent. A German court also previously found that Samsung did not infringe the patent, while a U.K. court found the patent to be invalid altogether. To continue reading, click: Dutch Court Finds No Samsung Infringement Of Apple Touch Patent

GrupoPegassologo.pngIPNews® – The U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board recently rejected claims of fraud on the PTO in connection with a musician’s federal registration for the name of the Mexican band Grupo Pegasso.

Frontera Music had sought to cancel Federico Estevan Vasquez’s registration for the trademark, saying that he falsely claimed the trademark was in use in the U.S. and that he submitted doctored evidence in support of his registration. The music company was not able to provide any conclusive evidence of such fraud, though, let alone intent to deceive the PTO, the TTAB ruled. To continue reading, click: TTAB Nixes Mexican Band Grupo Pegasso Trademark Cancellation Bid