Trademark Litigation in the Shadow of B&B Hardware

In 2015, the Supreme Court decided a trademark dispute, B&B Hardware, Inc. v. Hargis, Indus. However, in the light of more public trademark cases, such as the Washington Redskins trademark cancelation, the decision has not received much press. In many respects, this is not terribly surprising. B&B Hardware decided a very narrow issue of trademark litigation procedure. However, the consequences will be dramatic for litigants going forward. B&B Hardware was an incredibly drawn-out.. Read More

Final and Unappealable: Federal Circuit Will Not Review PTAB IPR Decisions

What is inter partes review? Inter partes review (IPR) is a new procedure under the America Invents Act (AIA) for challenging the validity of one or more claims of a patent on § 102 (novelty) or § 103 (obviousness) grounds, while considering only prior art existing in patents or printed publications. The review is a trial proceeding before the Patent Trial and Appeal Board (“the Board”). Once the petition is filed, the Board.. Read More

A rose by any other name would smell as sweet, unless it’s from Tiffany’s: An Analysis of Tiffany & Co. v. Costco Wholesale Corp.

Picture this scenario: a young woman has been doing research on engagement rings so that she can tell her boyfriend what kind of ring she’d like. She decides that she absolutely wants a “Tiffany setting” for her ring because she thinks that shape is the prettiest, and tells her boyfriend to get her a ring with a “Tiffany setting.” Her boyfriend has been searching for the perfect engagement ring to propose to his.. Read More

Do Patents Make Inventors Legally Responsible?

In 2013, a child was paralyzed after a distracted driver in a Dodge Ram truck collided into a sports utility vehicle. The driver and a passenger of the struck vehicle were also killed. What caused the distraction? A message on the driver’s iPhone. The victims’ families filed a product liability claim against Apple. In an article in the New York Times, Matt Richtel presented the question, “Does Apple — or any cellphone maker.. Read More

Understand Damages for Trademark Infringement in China

In July 2016, the Guangdong High People’s Court (the “High Court”, the highest local court in Guangdong Province) rendered judgement in the New Balance trademark infringement case, which had drawn public attention since the trial began in 2013. This case involves a number of interesting trademark law topics in China, such as conflicts between trademark and company name, defense of prior use, trademark squatting, and other such subjects. The decision also addressed how.. Read More