On Thursday, April 4, 2024 from 11:30 a.m. to 1:30 p.m. Pacific, Seyfarth’s Los Angeles – Century City office will host the INTA Roundtable Discussion on Cultural Competency and Working with Foreign Counsel. This roundtable offers a unique opportunity to
Don’t call a Rule 68 judgment in an infringement case an infringement judgment
If you receive a Rule 68 judgment, be careful how you crow about it.
Rule 68 of the Federal Rules of Civil Procedure is structured to motivate defendants to make settlement offers. It provides that
At least 14 days before…
Fraud on the PTO
LEDO PIZZA SYSTEM, INC. & LEDO PIZZA CARRYOUTS, INC., Plaintiffs,v.LEDO’S INC., Defendant.
United States District Court, N.D. Illinois, Eastern Division. March 7, 2024.
The defendant’s fraud claim fails even to get out of the starting blocks,…
Default Judgments in TM Cases
Amazon satisfies multi-factor test for default:
AMAZON.COM INC; JL CHILDRESS CO INC, Plaintiff, v.TANG ZHI; ET AL, Defendant.
Case No. 2:20-cv-01215-TMC-MLP.
United States District Court, W.D. Washington, Tacoma.
Motion for default denied wo prejudice for failure to show personal jurisdiction:…
Distinguishing Between Equitable and Legal TM Remedies
VAN LEEUWEN ICE CREAM LLC, Plaintiff, v.REBEL CREAMERY LLC, Defendant.
United States District Court, E.D. New York.March 11, 2024.
Show the pictures to your clients and say “this is descriptive fair use”: Solid 21 v Breitling (2d Circuit RED GOLD)
Plaintiff has been suing various wristwatch companies over the use of the term RED GOLD. Here, Breitling’s dismissal of plaintiff’s suit at summary judgment provides a road map as to how to make descriptive fair use of even an incontestable…
Celanese v. ITC – Exploring the Crossroads of Trade Secrets and Patent Rights Post AIA
On March 4, the Federal Circuit, heard oral arguments for Celanese Int’l. v ITC, 22-1827 (Fed. Cir. 2024), a case that may reshape the dynamics between trade secrets and patent rights.
The Core Issue at Hand
This case centers around…
Post-purchase Confusion in the UK: Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc & Anor
From Stobbs summary: Recent Court of Appeal decision (Iconix v Dream Pairs, involving the Umbro ‘double diamond’ logo on footwear) which has clarified the need to take account of the potential for post-sale confusion when assessing likelihood of confusion between…
2024 Commercial Litigation Outlook and Webinar Series
Seyfarth’s Commercial Litigation practice group is pleased to present the fourth annual installment of the Commercial Litigation Outlook, which provides insights on litigation issues and trends to expect in 2024. Since its inaugural publication in 2020, Seyfarth’s Commercial Litigation Outlook…
Maatita – Less can be More
Is it possible that adding more specificity and detail to a design claim can render the claim indefinite and non-enabled under 35 U.S.C. 112? According to the USPTO, the answer is: yes.…