Knobbe/Martens: Intellectual Property Law

Lesley Kim

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REAL FOODS PTY LTD. v. FRITO-LAY NORTH AMERICA, INC.

October 5, 2018 Lesley Kim and Mark Kachner

Before Wallach, Linn, and Hughes. Appeal from the Trademark Trial and Appeal Board.

Summary: To determine whether a mark is generic, the TTAB must first properly identify the genus of the goods at issue. The genus must be based on the identification of goods set forth in the application, regardless of what the record may reveal as to the particular nature of the subject goods.

 

ZEROCLICK, LLC v. APPLE INC.

June 1, 2018 Lesley Kim and Christie Matthaei

Before Reyna, Taranto, and Hughes. Appeal from the Northern District of California.

Summary: Failure to use the word “means” creates a rebuttable presumption that the term is not a means-plus-function limitation invoking § 112 ¶ 6. That presumption was not overcome here because the challenger did not prove, by a preponderance of the evidence, that the claim terms failed to recite sufficiently definite structure.

 

Catching Counterfeits: Customs Recordation and IP Enforcement

August 9, 2017 Lesley Kim and Jonathan Hyman

U.S. Customs and Border Protection (“CBP”), the primary federal agency responsible for securing America’s borders, is also charged with the protection of intellectual property rights and guarding against the infringement of U.S. copyrights and trademarks.

Have You Been Duped?

May 9, 2017 Lesley Kim and Robert Roby

In the fashion and beauty world, the copying of higher-priced brands is widespread. While in fashion, the term for copies of designer products is “knockoffs,” in beauty, the term is “dupes.” Whether it is a colloquial use of the word “dupe” or an abbreviation of “duplicate,” to beauty brand consumers the word dupe has come to mean a cheaper alternative to higher-end products.

Influencer Marketing: The FTC's Evolving Policies on Paid Promotion Disclosure

March 3, 2017 Lesley Kim and Curtiss Dosier

With more consumers cutting the cord to their TVs and paying for premium subscriptions or ad blockers to avoid advertising, social media has become an important medium through which advertisers reach the purchasing public. Companies are allocating substantial marketing dollars to advertising on social media platforms, including Instagram, YouTube, Facebook and Snapchat, in the form of social media endorsements.

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