Category: Intellectual Property
Chicago Case Brief: Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule “A”, 2021 WL 308882 (1/30/2021) by James Michael Faier, M.P.P., M.B.A., J.D. (USPTO Reg. No. 56,731)
Hats off to Judge Kennelly on his review of the differences of approach when going after a group of online infringers using either the trademark laws versus the patent laws. In this case, Oakley sought to go after various infringers of various design patents drawn with regard to its eyewear. Typically, a party basing its […]
read more
Trademark Law Briefing: Black & Decker v. Positec, 2021WL202686 (NDIL-ED), January 20, 2021, by James Michael Faier, M.P.P., M.B.A., J.D. (USPTO Regn. No. 56,731)
Case Title and Date: The Black & Decker Corporation et al v. Positec USA Inc. et al., 2021WL202686 Facts: Black & Decker in 1992 introduced bright yellow packaging for its DeWalt power tools. It modified that packaging about 2008. The packaging had a drawing of a power tool. Black filed numbers of trademark applications on […]
read moreUSPTO Director Iancu releases his list of USPTO accomplishments 2018-2021. By James Michael Faier, M.P.P., M.B.A., J.D. (Registered Patent Attorney #56731)
The Director of the USPTO, Mr. Andrei Iancu, just released his list of accomplishments. I see no reference to the abandonment initiative that was discussed with INTA last year. I hear from contacts in the Examiner corps that the push goes on to adopt an expungement proceeding similar to the Canadian system. I do not […]
read moreShow me the money! A little violation of a Consent Agreement is a violation: Gaither Tool Co. v. Summit Tool Co., 2012 WL 13218902. (ND IL) by James Michael Faier, M.P.P., M.B.A., J.D. (USPTO Regn. No. 56,731)
The Northern District of Illinois, Eastern Division, took up the issue of violation of a Consent agreement in the above – captioned supporting the proposition a non-deminimus violation of a Consent Agreement is violation of a Consent Agreement and violating party is in contempt of court pursuant to Civil contempt proceedings 18 U.S.C. Section 401(3). […]
read moreUSPTO successes bright in a dark year! By J M Faier, M.P.P., M.B.A., J.D. (USPTO Regn. No. 56,731) jmfaier@faier.com. T: 312-382-9400.
The USPTO issued it’s 2020 performance report. You can read it at USPTO annual reports | USPTO. The surprises are that in a Pandemic year that we still see a 9.6 percent increases in applications. The squawk at INTA related to the tougher position on audits and requirements for a U.S. attorney. The PTO expressed […]
read more
