magazines.jpgIPNews® – Conde Nast was hit with a declaratory judgment lawsuit on Friday at the hands of a luxury goods online store seeking a declaration that it is not infringing the magazine publisher’s trademark for the name of Vogue Magazine.

Voguevert LLC claims that its name, for which it has already obtained a federal trademark, does not infringe and is not likely to be confused with the Vogue trademarks. Voguevert sells women’s clothing and accessories from environmentally conscious designers, and has operated its website since August 2011. To continue reading, click: Online Store Sues Conde Nast To Ward Off Trademark Infringement Claims

cheeseburger.jpgIPNews® – Chipotle Mexican Grill Inc. claimed in a new trademark infringement lawsuit Friday that rival fast food chain Jack in the Box Inc. misappropriated its name for a recent promotion.

Jack in the Box’s limited time offer for a Chipotle Chicken Club Combo, and accompanying use of the neologism “Chipotload,” infringe Chipotle’s trademark for its name and logo, according to the complaint. Jack in the Box is no longer using the name, as the offer has since expired, but claimed it was not infringing the trademark, according to Chipotle. To continue reading, click: Chipotle Accuses Jack In The Box Of Misusing Trademark Name

tv setup.jpgIPNews® – Verizon Communications Inc. agreed Monday to pay $250.4 million to settle TiVo Inc.’s patent infringement claims related to digital video recording technology.

The two companies will also enter a mutual patent licensing agreement, TiVo said. The pair are now pursuing possible collaborations in the realm of Internet video, according to TiVo. To continue reading, click: Verizon Pays $250M To End TiVo Litigation, License Patents

iphone-ipad.jpgIPNews® – Apple Inc. asked a California federal judge Friday to tack on $707 million in enhanced and supplemental damages and interest on top of the $1 billion a jury recently awarded the company in its iPhone and iPad patent infringement war with Samsung Electronics Co.

Samsung made a calculated business decision to copy Apple’s products, thinking that the benefits would far outweigh any litigation damages, Apple claims in its motion for a permanent injunction and enhanced damages. Samsung’s profits from its infringing behavior dwarf the $1 billion jury verdict, Apple says. To continue reading, click: Apple Wants Extra $707M On Top Of $1B Samsung Patent Verdict

iPad.jpgIPNews® – The U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board on Wednesday foreclosed on Apple Inc.’s hopes of registering the square, orange music player app icon for its iPhone and iPad as a trademark.

The proposed trademark is too similar to a square, orange icon — also featuring a double musical note — that is registered to the now-shuttered MP3 download service iLike, the TTAB ruled. Apple’s arguments that users of MP3 and other music-related software are careful consumers, who are likely to distinguish between the differences in the icons, fell on deaf ears. To continue reading, click: Apple Can’t Trademark Mobile App Music Icon: TTAB

disney.jpgIPNews® – Disney Enterprises Inc. prevailed on Thursday in a copyright infringement lawsuit in Missouri federal court accusing it of misappropriating the titles and story lines of its 2009 and 2010 “Santa Paws” movies from a 1991 illustrated Christmas story.

Disney’s movies are not substantially similar to the protected expression in the plaintiffs’ short story, Judge Catherine D. Perry ruled. Plaintiffs Ray Harter, Jr., Richard Kearney, and Ed Corno drafted an illustrated children’s story, alternatively called Santa Paws and Christmas Paws, in 1991, and tried to shop it around for a film adaptation with little success. To continue reading, click: Disney Beats “Santa Paws” Copyright Infringement Claims

samsung.jpgIPNews® – Samsung Electronics Co. and Motorola Mobility LLC on Friday escaped Apple Inc.’s claims in a German court that their Android devices infringe one of its European patents for a touch interface.

Samsung and Motorola do not infringe because Android does not store a multi-touch “flag” in association with each user interface component, Judge Andreas Voss of the Mannheim Regional Court ruled. The European patent in suit is broader than the specific touch function patents Apple asserted against Samsung in the U.S. litigation that yielded a $1 billion jury verdict against Samsung recently, and has actually been declared invalid already by a U.K. court. To continue reading, click: Samsung, Motorola Beat Apple Touch Patent Claim In Germany

pac_man.jpgIPNews® – NoHo Barcade, a new arcade game themed bar in North Hollywood, is fighting off trademark infringement claims from the East Coast based Barcade LLC, which claims it owns the trademark to the name as it relates to bars and bar services.

The Barcade trademark is not valid, not used in interstate commerce, and not distinctive, NoHo Barcade said in its answer this week to Barcade LLC’s August complaint in the Central District of California. NoHo Barcade, which has yet to open or even finish construction, should be able to use the generic name by the doctrine of fair use, among other reasons, the California business says. To continue reading, click: NoHo Barcade Fights East Coast Doppelganger’s Trademark Infringement Claims

palette.jpgIPNews® – The U.S. Copyright Office said Wednesday it plans to look into the ways that a federal resale royalty right might be able to benefit visual artists and how such a right would change the art marketplace.

The inquiry comes in response to a request by U.S. Senator Herb Kohl, D-Wisconsin and U.S. Representative Jerrold Nadler, D-New York, in support of their proposed legislation to establish such a resale royalty right. The Copyright Office will take input from the public on the subject until Nov. 5, the office said in a Federal Register notice. To continue reading, click: Copyright Office Seeks Input on Visual Art Resale Royalty Bill

tv_remote_control.jpgIPNews® – A South Carolina fitness center filed a trademark infringement lawsuit against NBCUniversal Media LLC Wednesday alleging the company’s Style Network reality television show Wicked Fit comes too close to the gym’s trademarked name.

Wicked Fitness LLC owns the federal trademark registrations for its name and a range of variants, and has operated under the same name since at least January 2009, its complaint says. The television show takes place in a women-only gym run by a former beauty queen. To continue reading, click: Gym Accuses NBC Of Poaching “Wicked Fit” Reality Series Name