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Articles by Jeff Kettle

Jeff Kettle is a 2L at WCL with an interest in IP and corporate law. Hailing from the Chicago area, but having lived in Caracas, Venezuela; Sao Paulo, Brazil; Nashville, TN; and Los Angeles, CA - DC is home at least until 2013.

“You Shall Not Pass!” Gandalf the Grey Helps A Pub Named “The Hobbit” To Keep Pouring Pints
April 14, 2012 – 7:42 PM | 51262 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F04%2F14%2F%25e2%2580%259cyou-shall-not-pass%25e2%2580%259d-gandalf-the-grey-helps-a-pub-named-%25e2%2580%259cthe-hobbit%25e2%2580%259d-to-keep-pouring-pints%2F%E2%80%9CYou+Shall+Not+Pass%21%E2%80%9D++Gandalf+the+Grey+Helps+A+Pub+Named+%E2%80%9CThe+Hobbit%E2%80%9D+To+Keep+Pouring+Pints2012-04-14+23%3A42%3A47Jeff+Kettlehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D5126
“You Shall Not Pass!”  Gandalf the Grey Helps A Pub Named “The Hobbit” To Keep Pouring Pints

A 20 year-old pub in Southampton, U.K. was threatened with litigation over its alleged infringing use of the mark “The Hobbit.” Wizards, Elves, and Dwarves alike arrived en-masse to show their support for the pub.

Sippy Cup Fight Spills Over To The CAFC. CAFC Tells Appellant To Listen To Your District Court.
April 11, 2012 – 8:47 PM | 5113No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F04%2F11%2Fsippy-cup-fight-spills-over-to-the-cafc-cafc-tells-appellant-to-listen-to-your-district-court%2FSippy+Cup+Fight+Spills+Over+To+The+CAFC.++CAFC+Tells+Appellant+To+Listen+To+Your+District+Court.2012-04-12+00%3A47%3A20Jeff+Kettlehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D5113
Sippy Cup Fight Spills Over To The CAFC.  CAFC Tells Appellant To Listen To Your District Court.

In Learning Curve Brands v. Munchkin, Inc., Learning curve argues that their sippy cup is cooler than Munchkin’s. The CAFC disagrees.

“Where There Is A Sea There Are Pirates.” The Pirate Bay Threatens To Live Up To Its Name
April 6, 2012 – 7:50 PM | 50433 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F04%2F06%2F%25e2%2580%259cwhere-there-is-a-sea-there-are-pirates-%25e2%2580%259d-pirate-bay-threatens-to-live-up-to-its-name%2F%E2%80%9CWhere+There+Is+A+Sea+There+Are+Pirates.%E2%80%9D++The+Pirate+Bay+Threatens+To+Live+Up+To+Its+Name2012-04-06+23%3A50%3A08Jeff+Kettlehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D5043
“Where There Is A Sea There Are Pirates.”  The Pirate Bay Threatens To Live Up To Its Name

The Pirate Bay has recently posted that it is looking into using drone technology to further its intellectual property infringing efforts.

The USPTO Announces Patents for Humanity Program
March 1, 2012 – 10:45 AM | 4914No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F03%2F01%2Fthe-uspto-announces-patents-for-humanity-program%2FThe+USPTO+Announces+Patents+for+Humanity+Program2012-03-01+15%3A45%3A20Jeff+Kettlehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4914
The USPTO Announces Patents for Humanity Program

The USPTO has announced its pilot program “Patents for Humanity” as one more tool in attempting to cure worldwide ills.

In Two Precedential Decisions, the TTAB Holds That a Government Entity Cannot Register Its Own Seal or Insignia
February 15, 2012 – 9:36 PM | 4781No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F02%2F15%2Fin-two-precedential-decisions-the-ttab-holds-that-a-government-entity-cannot-register-its-own-seal-or-insignia%2FIn+Two+Precedential+Decisions%2C+the+TTAB+Holds+That+a+Government+Entity+Cannot+Register+Its+Own+Seal+or+Insignia2012-02-16+02%3A36%3A20Jeff+Kettlehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4781
In Two Precedential Decisions, the TTAB Holds That a Government Entity Cannot Register Its Own Seal or Insignia

In January, the TTAB decided two separate cases concerning an issue of first impression surrounding section 2(b) of the Lanham Act. In both cases, the TTAB rejected the government entity’s attempt to register its own governmental seal.

Tommy Guns, Bell Helicopters, and Electronic Arts: First Amendment Rights and Nominative Fair Use
January 31, 2012 – 1:00 AM | 4735One Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F01%2F31%2Ftommy-guns-bell-helicopters-and-electronic-arts-first-amendment-rights-and-nominative-fair-use%2FTommy+Guns%2C+Bell+Helicopters%2C+and+Electronic+Arts%3A++First+Amendment+Rights+and+Nominative+Fair+Use2012-01-31+06%3A00%3A24Jeff+Kettlehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4735
Tommy Guns, Bell Helicopters, and Electronic Arts:  First Amendment Rights and Nominative Fair Use

EA attempts to create precedent regarding unlicensed use of trademarks in a video game context with its January 6 declaratory judgment action against Bell Helicopters.

A Round V Loss to Charbucks Leaves Starbucks Feeling Bitter
January 18, 2012 – 8:09 AM | 4641No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F01%2F18%2Fa-round-v-loss-to-charbucks-leaves-starbucks-feeling-bitter%2FA+Round+V+Loss+to+Charbucks+Leaves+Starbucks+Feeling+Bitter2012-01-18+13%3A09%3A08Jeff+Kettlehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4641
A Round V Loss to Charbucks Leaves Starbucks Feeling Bitter

Starbucks, after two previous lower court defeats and two successful appeals, has lost its last battle against the makers of Charbucks coffee.

The High Court Sets Precedent and Blocks ISP Access to Newzbin2 (And What About Hargreaves?)
November 14, 2011 – 1:25 PM | 4386No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F11%2F14%2Fthe-high-court-sets-precedent-and-blocks-isp-access-to-newzbin2-and-what-about-hargreaves%2FThe+High+Court+Sets+Precedent+and+Blocks+ISP+Access+to+Newzbin2+%28And+What+About+Hargreaves%3F%292011-11-14+18%3A25%3A11Jeff+Kettlehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4386
The High Court Sets Precedent and Blocks ISP Access to Newzbin2 (And What About Hargreaves?)

The High Court in London has handed down the first ISP blocking judgment in the UK, instructing British Telecom to block internet access to the website Newzbin2 and its illegally offered copyrighted material.

Urban Outfitters, the Navajo Nation, and Another Reminder of the Need for Greater Traditional Cultural Expression Protections
November 8, 2011 – 12:10 PM | 4340No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F11%2F08%2Furban-outfitters-the-navajo-nation-and-another-reminder-of-the-need-for-greater-traditional-cultural-expression-protections%2FUrban+Outfitters%2C+the+Navajo+Nation%2C+and+Another+Reminder+of+the+Need+for+Greater+Traditional+Cultural+Expression+Protections2011-11-08+17%3A10%3A13Jeff+Kettlehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4340
Urban Outfitters, the Navajo Nation, and Another Reminder of the Need for Greater Traditional Cultural Expression Protections

Even though the Navajo Nation was successful in getting Urban Outfitters to remove the name “Navajo” from their products, this case illuminates the need for greater protections of traditional cultural expressions.

Washington State Passes a Bill for a New Cause of Action for Software Theft and Misappropriation
October 18, 2011 – 1:06 PM | 42073 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F10%2F18%2Fwashington-state-passes-a-bill-for-a-new-cause-of-action-for-software-theft-and-misappropriation%2FWashington+State+Passes+a+Bill+for+a+New+Cause+of+Action+for+Software+Theft+and+Misappropriation2011-10-18+17%3A06%3A37Jeff+Kettlehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4207
Washington State Passes a Bill for a New Cause of Action for Software Theft and Misappropriation

Washington State has created a cause of action in which a person can pursue civil damages and injunctive relief on a state level when stolen or misappropriated IT is used. This bill, primarily backed by Microsoft, has been and is being pushed in other states as well.

Page 1 of 212

Copyright »

Piracy, Pornography and Conspiracy: How Judges Are Standing Up to Copyright Trolls

Piracy, Pornography and Conspiracy:  How Judges Are Standing Up to Copyright Trolls

In an attempt to secure large settlements from as many parties as possible, the adult entertainment industry has been joining individuals from the same district who illegally downloaded the same film in a single claim as co-conspirators. This enables them to discover Doe-defendants’ identities and get them to settle rather than be a party in a pornography suit. It worked for a while, but there is a problem, the defendants aren’t co-conspirators.

More articles »

Patents »

The Federal Circuit Defers to the Lower Court, Invalidates Social Networking Patent

The Federal Circuit Defers to the Lower Court, Invalidates Social Networking Patent

Yesterday, the Court of Appeals for the Federal Circuit upheld a jury verdict invalidating Leader Technologies, Inc.’s patent on an online networking system. A reversal may have put Facebook in jeopardy.

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Trademark »

Fake Coachella Merchandise Banned at the Festival

Fake Coachella Merchandise Banned at the Festival

This year’s Coachella music festival has its share of intellectual property issues. Attorneys for the festival have recently cracked down on counterfeit goods and asked a federal court judge to issue a preliminary injunction against certain vendors.

More articles »

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