Missing the (Lex)Mark – What Is the Proper Standing Test Before the USPTO?
Following a Trademark Trial and Appeal Board (TTAB) decision and corresponding Federal Circuit appeal finding that she did not have standing to oppose registration of a RAPUNZEL mark for dolls,...
Can § 101 Carry the Weight?
POWERBLOCK HOLDING, INC. v. IFIT, INC. Before Taranto, Stoll, and District Judge Scarsi. Appeal from the United States District Court for the District of Utah. Summary: Under step one of the...
Pulling the Cord on Unstated Claims Limitations
IQRIS TECHNOLOGIES LLC v. POINT BLANK ENTERPRISES, INC. Before Lourie, Linn, and Stoll. Appeal from the United States District Court for the Southern District of Florida Summary: The district court...
14 NBA Teams Sued For Copyright Infringement
Almost half of the teams in the National Basketball Association (NBA) were recently sued for copyright infringement. In the complaint filed against the Atlanta Hawks, one of the plaintiffs—publisher Kobalt Music Publishing America (Kobalt), the exclusive agent
for the licensing of all other plaintiffs’ copyrights at issue—alleged that the NBA teams have been exploiting the rights conferred to the copyright holders by syncing videos posted on various websites and social media platforms (e.g., Instagram, Facebook, and TikTok) with music owned by third parties without obtaining the necessary consent to do so. Knobbe Martens Partner Jonathan Hyman and Associate Nickolas Taylor recently authored an article discussing concerns surrounding intellectual property infringement by social media content creators. The lawsuits filed against the various NBA teams similarly highlights the intellectual property infringement concerns that can (and often do) arise in the modern world of social media and the internet.
Seeing Clearly: An Ordinary Observer Must Look Through Lens of the Prior Art
ABC CORPORATION I V. THE PARTNERSHIP AND UNINCORPORATED ASSOCIATIONS
Before Dyk, Taranto, and Stoll. Appeal from the United States District Court for the Northern District of Illinois.
Summary: Time’s up! The hourglass shape that is the dominant feature in both the asserted design patents and accused hoverboard products does not support a preliminary injunction because it was in the prior art.
Lack of Advance Notice Vacates District Court’s Orders
ABC CORPORATION I v. PARTNERSHIP AND UNINCORPORATED ASSOCIATIONS
Before Dyk, Taranto, and Stoll. Appeal from the United States District Court for the Northern District of Illinois.
Summary: Failure to provide advance notice under Federal Rule of Civil Procedure 65(a) leads to vacating of preliminary injunction.
