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Tag: <span>opinion</span>

Tag: opinion

How to File a Trademark Application

USING TRADEMARKS TO PROTECT YOUR BUSINESS As mentioned in an earlier post, a trademark is a recognizable symbol, figure, slogan, or mark that is used by manufacturers or entrepreneurs to distinguish their product from competitor’s products. Trademark protection ensures that only the owner of the mark can use the trademark with the designated goods or...

In Patent Infringement One Word Makes all the Difference

In 2005, a pharmaceutical corporation named ScriptPro obtained a patent on a device relating to an automated prescription container dispensing system that automatically fills and labels pill bottles. See Scriptpro, LLC v. Innovation Associates, Inc., 2013-1561, 2014 WL 3844192, at * 1 (Fed. Cir. Aug. 6, 2014); COLLATING UNIT FOR USE WITH A CONTROL CENTER...

Foreign Marketing Materials Relevant to Patent Infringement

In Amdocs Ltd. v. Openet Telecom, Inc. (Fed. Cir. 2014) the United States Court of Appeals for the Federal Circuit recently reversed the District Court for the Eastern District of Virginia in a case between competitors in the so called data mediation software industry. The case involves Amdocs Israel Limited (Amdocs), which sued Openet Telecom,...

Hookah Company Inhales Copyright Loss, Exhales Attorney Fees

Last week, the California Court of Appeals for the Ninth Circuit (the Court) affirmed the District Court’s summary judgment for defendant Starbuzz Tobacco, Inc. (Starbuzz), stating that Starbuzz did not violate the copyright protection granted to Inhale, Inc (Inhale) in 2011 for their hookah water container. The case, Inhale, Inc. v. Starbuzz Tobacco, Inc., specifically...

Doctrine of Tacking Key in Trademark Win for Defendant Hana Bank

Last week, I wrote an article discussing the disputed Cracker Barrel moniker in use by Kraft Foods Group, Inc. and Cracker Barrel Old Country Store. In it, I noted “if you want to avoid unnecessary and costly legal action, make sure your brand is unmistakably yours.” A court decision released in late November drove home...