Category: Trademark
ND IL Case Brief: Section 299 of the Patent Act and “DOE” Complaints. Patent Holder Identified in Exhibit 1 v. Does 1-254, as Identified in Exhibit 2, 2021 WL 410661. (NDIL) 2/6/2021. By James Michael Faier, M.P.P., M.B.A., J.D. (Regd. Patent Atty 56731)
Is Judge Kennelly addressing another patent plaintiff or the same plaintiff as earlier this month? The issue of Section 299 of the patent act is that a plaintiff can only lop together infringers if the action presents questions of fact common to them all. The particular issue in this case is a design patent. Most […]
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Chicago Case Brief: Plum Markets, LLC v. Compass Group USA Inc., 2021 WL 323791 (ND IL), by James Michael Faier, M.P.P., M.B.A., J.D. (U.S. Reg’d Patent Atty #56,731)
Judge Guzman did a great job with this Motion to Dismiss in a trade dress matter at the Northern District. Plum Markets (I know them from my annual trip in February to buy my wife Godiva Chocolates in the middle of this month) sued Compass for (1) Breach of Contract, (2) Infringement of trade dress, […]
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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 […]
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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 moreShow me the Money! Protection of Trade Dress. By James Michael Faier, M.P.P., M.B.A., J.D.(U.S. Patent and Trademark Office Regn. No. 56,731)
Protection of Trade Dress is a crucial part of IP protection for the sellers of goods. Over my 30-years I have litigated trademark diversion where a junior user was seeking to more customers from senior user to junior user by selling goods in packaging that imitated the senior user. I have also seen junior users […]
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