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Table of Contents
- Sabinsa Corp. v. Creative Compounds, LLC
- Mindys Cosmetics, Inc. v. Dakar
- Love v. Sanctuary Records Group, Ltd.
- Toyota Motor Sales, USA, Inc. v. Tabari
- Telcordia Technologies, Inc. v. Cisco Sys. Inc.
- In re Giacomini
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Intellectual PropertyUnited States Third Circuit, 07/09/2010
Sabinsa Corp. v. Creative Compounds, LLC
In plaintiff's suit for trademark infringement and unfair competition, district court's judgment in favor of the defendant, finding that there was no likelihood of confusion between plaintiff's mark, ForsLean, and defendant's mark, Forsthin, both of which refer to an extract used in weight control products, is reversed as, the district court erred in its finding on the Lapp factors and its ultimate finding on likelihood of confusion. Furthermore, because the undisputed facts weigh heavily in favor of plaintiff so that any reasonable fact finder would find that plaintiff demonstrated a likelihood of confusion, the case is remanded for entry of judgment in favor of plaintiff. Read more...United States Ninth Circuit, 07/06/2010
Mindys Cosmetics, Inc. v. Dakar
In a trademark infringement action, a denial of defendant's California anti-SLAPP motion is affirmed where defendant made a prima facie showing that the suit against him "arose from" a protected act under the anti-SLAPP statute, but plaintiff made a sufficient showing under the second part of the inquiry to withstand defendant's motion to strike under the anti-SLAPP statute. Read more...United States Ninth Circuit, 07/08/2010
Love v. Sanctuary Records Group, Ltd.
In an action by former Beach Boys member Mike Love against former member Brian Wilson for trademark infringement based on the promotion campaign for Wilson's solo album, a dismissal of the action is affirmed where the Lanham Act and California's common law right of publicity did not apply extraterritorially to events occurring in Great Britain. Read more...
United States Ninth Circuit, 07/08/2010
Toyota Motor Sales, USA, Inc. v. Tabari
In a trademark infringement action by Toyota involving defendants' use on their website of copyrighted photography of Lexus vehicles and the circular "L Symbol Design mark", judgment for plaintiff is vacated where: 1) the district court's injunction was plainly overbroad because it prohibited domain names that on their face dispel any confusion as to sponsorship or endorsement; and 2) because there was no risk of confusion as to sponsorship or endorsement, defendants' use of the Lexus mark was fair. Read more...United States Federal Circuit, 07/06/2010
Telcordia Technologies, Inc. v. Cisco Sys. Inc.
In plaintiff's suit for infringement of three patents related to transmission of data in telecommunications networks, the judgment of the district court is affirmed in part, vacated in part and remanded where: 1) denial of defendant's JMOL motion on invalidity of the '306 patent is vacated and remanded as the court erroneously construed the only term on which it based its denial; 2) denial of defendant's JMOL motion that the asserted claims of the '763 patent are indefinite is affirmed; 3) district court's finding that the jury's verdict of $6.5 million award compensates plaintiff only for past infringement is not clearly erroneous; 4) district court's award of interest under section 284 does not constitute an impermissible double recovery; and 5) it did not abuse its discretion by directing the parties to negotiate the terms of the appropriate royalty. Read more...United States Federal Circuit, 07/07/2010
In re Giacomini
In a case involving petitioner's patent application, claiming a technique for selectively storing electronic data in a readily accessible memory called a "cache," decision of the Board of Patent Appeals and Inferences rejecting certain claims of the application as anticipated under 35 U.S.C. section 102 by another patent is affirmed as the Trans patent has a patent-defeating effect as of the filing date of the provisional application to which it claims priority and which was filed before petitioner's application. Read more...
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