shoes-redsoles.jpgIPNews® – Yves Saint Laurent SAS said Tuesday it wants to drop its counterclaims against Christian Louboutin in Louboutin’s trademark infringement lawsuit over his iconic red-soled shoes, now that the Second Circuit has ruled that YSL’s monochromatic red shoes do not infringe.

The appeals court let YSL off the hook for the infringement claim in September, though it also affirmed the validity of the trademark for Louboutin’s red soles. YSL said it wants to “refocus its energies on its business and creative designs.” To continue reading, click: YSL Seeks To Shut Door On Louboutin Red Shoe Trademark Dispute

iphone.jpgIPNews® – The U.S. International Trade Commission has voted to investigate whether Apple Inc.’s importation of certain iPhone, iPad and Mac computer products violates VirnetX Inc.’s patent rights for devices with secure communications applications, the ITC said Tuesday.

VirnetX asked the ITC in September to institute an investigation into Apple’s allegedly infringing imports and ultimately issue an exclusion order to bar importation of those Apple products, as well as a cease and desist order. VirnetX is now bringing the complaint jointly with SAIC, which sold VirnetX part of its patent portfolio in 2006. To continue reading, click: ITC Says It Will Take Up VirnetX Patent Complaint V. Apple

apple-logo.jpgIPNews® – Apple Inc. won patent protection on Tuesday for a number of inventions including a system of detecting whether an electronic device’s user is authorized to be handling the device or not.

The system can compare photos of users’ faces, voices or heartbeats to determine who is using it and take various security measures if the user is engaging in suspicious behavior. Information on the unauthorized user’s identity can be gathered, and an alert can then be sent to the owner. To continue reading, click: Apple Patents Mode Of Blocking Unauthorized Users Of Devices

burrito.jpgIPNews® – Mexican food maker Gruma Corp. won a second shot on Thursday at its trademark infringement action against the owner of Texas fast food chain Mission Burrito, as the Fifth Circuit ruled that Gruma’s Mission food trademark was likely to be confused with the chain.

The Texas district court was wrong to dismiss Gruma’s claims, and erred in its legal analysis, when the relevant factors should have weighed in favor of Gruma, the appeals court said. In addition to the names’ similarity, the two logos also both feature the top of a Spanish-style mission church, it noted. To continue reading, click: Fifth Circuit Says Mission Burrito Trademark Suit Has Legs

dresses.jpgIPNews® – The Second Circuit on Monday junked a fashion designer’s attempt to resurrect its copyright infringement suit against a rival over a prom dress design.

Jovani Fashion Ltd. cannot show that the decorative design elements of its dress are separable from the utilitarian function of the dress as a piece of clothing, the appeals court ruled. It rejected Jovani’s arguments that the company’s specific combination of sequins, crystals, ruching and tulle do nothing for the garment’s functionality, saying Jovani’s position is too narrow and unsupported by precedent. To continue reading, click: Second Circuit Throws Out Prom Dress Copyright Appeal

medic_alert_bracelet.jpgIPNews® – The Blue Cross and Blue Shield Association hit Universal Health Services Inc. with new allegations of trademark infringement on Thursday, claiming the healthcare management company is breaching a previous settlement agreement by using a blue cross design in some of its logos.

BCBSA first sued UHS in December 2009 over the alleged infringement, after spending years sending it letters about the association’s trademark rights to blue crosses. That case was settled in July 2011, but UHS has nevertheless continued to use and attempt to federally register cross designs that incorporate a shade of blue, the association says. To continue reading, click: Blue Cross Sues Universal Health Services For Logo Trademark Infringement

motorcycle.jpgIPNews® – The official business arm of the Hells Angels motorcycle club filed a new trademark infringement action against Toys “R” Us Inc. and yo-yo maker Yomega Corp. in California federal court on Wednesday, alleging the companies ripped off the club’s trademark death head logo to sell a line of yo-yos.

The club has used the trademark featuring a winged skull for over 50 years, and seek to maintain its use for their own gain, Hells Angels Motorcycle Corp.’s complaint in the Eastern District of California says. Yomega and Toys “R” Us have both allegedly made large profits off of the yo-yos, and have refused to pull them from stores despite the club’s written demands, the Hells Angels say. To continue reading, click: Hells Angels Accuse Toys “R” Us, Yo-Yo Maker Of Stealing Death Head Trademark

mtv logo.jpgIPNews® – Viacom Inc. and the star of its MTV reality show “Jersey Shore” Paul Delvecchio Jr., better known as “DJ Pauly D,” have settled a trademark infringement suit filed by a Connecticut DJ who claims he has been using the trademark “DJ Paulie” continuously since 1973.

Paul Lis accused Delvecchio, MTV and other entities in June 2011 of illegally using his trademark to promote Delvecchio and the show. He took special exception to the foul language and sexual profligacy that run rampant on the show, saying he has taken pains over the last four decades to keep his personal brand family-friendly. To continue reading, click: MTV Settles “Jersey Shore” DJ Pauly D Trademark Infringement Dispute

headphones.jpgIPNews® – One of MySpace’s founders’ was slapped with a $6.6 million default judgment Tuesday in a a copyright infringement case several music publishers brought over his posting of the lyrics of hundreds of songs on his websites without negotiating a licensing deal.

Warner Chappell Music Inc. Peermusic and Bug Music Inc. had sought $100,000 in damages per song against Brad Greenspan, where the statutory maximum was $150,000, but the California federal court instead awarded them $12,500 for each of the 528 songs found to be infringed, as well as their costs and attorneys’ fees. The court also made permanent its previously issued injunction mandating that Greenspan take down the websites. To continue reading, click: Myspace Founder Hit With $6.6M Lyric Site Copyright Damage Award

bone.jpgIPNews® – The Federal Circuit on Thursday shot down Hoffmann-La Roche Inc.’s appeal of a district court’s refusal to grant it a patent injunction stopping three generic drug makers from producing their own versions of Roche’s osteoporosis drug Boniva.

Roche could not prove it was likely to overcome Apotex Inc., Watson Pharmaceuticals Inc. and Mylan Inc.’s claims that its patents for Boniva were obvious, according to a 2-1 majority of the appeals court. While Roche’s appeal was pending, the district judge overseeing the case concluded that the patents are in fact obvious, but that ruling was not part of the immediate appeal. To continue reading, click: Federal Circuit Says Generic Boniva Can Go Forward Despite Roche Objections