Category: News
Chutzpah at the Northern District of Illinois: Toyo Tire v. Atturo Tire, 2021 WL 1853310, (Northern Dist. of IL, Eastern Div.) May 10, 2021. By James Michael Faier, M.P.P., M.B.A., J.D. (Reg. Patent Attorney 56731)
Between the lines I can hear Hon. Judge Mary Rowland scolding Toyo Tire in its case against Atturo Tire saying, you must be kidding me – you are twice sanctioned in this case for dragging your feet and now you want a certification under FRCP 54(b) so that you can immediately take an appeal because […]
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USPTO says COVID related problems could constitute excusable nonuse for a Section 8 or 71 filing.
Today the USPTO sent out an email blast stating that citing to Covid and explaining how it has resulted in nonuse of a mark may be sufficient to meet the standard for excusable nonuse under Section 8 or 71 of a U.S.A. federal trademark act. In the life of a trademark registration, the owner of […]
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Faier on the Law: Going after Infringers, the Joinder / Misjoinder Problem of Harley-Davidson. I feel for you! H-D U.S.A., L.L.C. v. The Partnerships and Unincorporated Associations Identified on Schedule “A”, 2021 WL 780486. March 1, 2021.
So a month or so ago it was Hon. Judge Kennelly and on Monday, March 1, 2021, it was Hon. Judge Marvin E. Aspen who tried to explain to the bar that there are limitations on joining defendants in an action. Now, Judge Kennelly’s action was on patents. Judge Aspen’s case in on trademarks. Specifically, […]
read moreShow me the Money! You are your licensee’s Keeper: Ledesma v. Marriott Int’l, Inc., Starwood Hotels & Resort Worldwide, LLC, 2020 WL 6747005 (November 16, 2020). By James Michael Faier, M.P.P., M.B.A., J.D. (USPTO Regn. No. 56731)
The United States District Court for the Northern District of Illinois correctly denied Marriott’s Motion for Summary Judgment in the above case. In this case, Ledesma travelled to India. He signed up for a hotel room at the Westin in Chennai, India. While on the premises Ledesma was hurt when the elevator dropped with him […]
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Trademark Clearance Research
The Importance of Trademark Clearance Research When choosing a trademark for your new company or brand, you cannot simply pick a name and run with it. In the United States, trademark rights are exclusive—once one company picks a trademark, other companies are prohibited from choosing a “confusingly similar” mark. This does not mean that no […]
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