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Articles in Daily Blog

Microsoft Claims Victory Against Motorola Mobility’s German Lawsuit by Using a Preliminary Injunction and Temporary Restraining Order Issued by a U.S. Judge in a Contract Dispute
April 18, 2012 – 5:24 PM | 5179No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F04%2F18%2Fmicrosoft-claims-victory-against-motorola-mobility%25e2%2580%2599s-german-lawsuit-by-using-a-preliminary-injunction-and-temporary-restraining-order-issued-by-a-u-s-judge-in-a-contract-dispute%2FMicrosoft+Claims+Victory+Against+Motorola+Mobility%E2%80%99s+German+Lawsuit+by+Using+a+Preliminary+Injunction+and+Temporary+Restraining+Order+Issued+by+a+U.S.+Judge+in+a+Contract+Dispute2012-04-18+21%3A24%3A31TJ+Johnsonhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D5179
Microsoft Claims Victory Against Motorola Mobility’s German Lawsuit by Using a Preliminary Injunction and Temporary Restraining Order Issued by a U.S. Judge in a Contract Dispute

One-time partners Microsoft and Motorola Mobility are going all out in their patent lawsuits with Microsoft seeking to ban Motorola Mobility phone sales in the U.S. and Motorola Mobility seeking to block sales of Windows 7 and Xbox in Germany. In an interesting strategy, Microsoft has blocked a German court’s ruling through a U.S. lawsuit over contracts.

Prometheus-Unbound: Is the Federal Circuit Already Firing Back With Cyclopenzaprine?
April 18, 2012 – 9:37 AM | 51694 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F04%2F18%2Fprometheus-unbound-is-the-federal-circuit-already-firing-back-with-cyclopenzaprine%2FPrometheus-Unbound%3A++Is+the+Federal+Circuit+Already+Firing+Back+With+Cyclopenzaprine%3F+2012-04-18+13%3A37%3A13Jonathan+Stroudhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D5169
Prometheus-Unbound:  Is the Federal Circuit Already Firing Back With Cyclopenzaprine?

Last month, the Supreme Court unanimously threw a wrench into the gears of straightforward § 101 patentability analysis by concluding in Mayo Collaborative Services v. Prometheus Laboratories, Inc.  that an abstract idea—like the pharmacokinetic relationship …

UPenn Schools Louis Vuitton in Trademark Law
April 17, 2012 – 7:13 PM | 5162No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F04%2F17%2Fupenn-schools-louis-vuitton-in-trademark-law%2FUPenn+Schools+Louis+Vuitton+in+Trademark+Law+2012-04-17+23%3A13%3A39Alexandra+Mackeyhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D5162
UPenn Schools Louis Vuitton in Trademark Law

Louis Vuitton sent a cease and desist letter to the University of Pennsylvania over a student group’s symposium poster.

Trademarkia Tries to Simplify the Trademark Application Process
April 17, 2012 – 12:01 AM | 51574 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F04%2F17%2Ftrademarkia-tries-to-simplify-the-trademark-application-process%2FTrademarkia+Tries+to+Simplify+the+Trademark+Application+Process+2012-04-17+04%3A01%3A49Seth+Dennishttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D5157
Trademarkia Tries to Simplify the Trademark Application Process

Trademarkia is a relatively new company that is attempting to streamline the trademark application process by offering users a sleek interface and competitive pricing. So have they reached their goal?

Neil Young Trademarks Digital Audio Format and Online Store, Intends to Improve Digital Media
April 16, 2012 – 3:00 PM | 51443 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F04%2F16%2Fneil-young-trademarks-digital-audio-format-and-online-store-intends-to-improve-digital-media%2FNeil+Young+Trademarks+Digital+Audio+Format+and+Online+Store%2C+Intends+to+Improve+Digital+Media2012-04-16+19%3A00%3A40John+Langloishttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D5144
Neil Young Trademarks Digital Audio Format and Online Store, Intends to Improve Digital Media

Rock and Roll Hall of Famer Neil Young filed six trademark registration applications with the U.S. Patent and Trademark Office, giving the impression that Young may be looking to get into the digital content recording and distribution business.

Rosetta Stone v. Google: Applying Trademark’s Functionality Doctrine
April 16, 2012 – 11:31 AM | 5150One Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F04%2F16%2Frosetta-stone-v-google-applying-trademarks-functionality-doctrine%2FRosetta+Stone+v.+Google%3A+Applying+Trademark%27s+Functionality+Doctrine2012-04-16+15%3A31%3A34Jess+Robinsonhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D5150
Rosetta Stone v. Google: Applying Trademark’s Functionality Doctrine

The Fourth Circuit reopened the Rosetta Stone v. Google case last week, vacating a summary judgment ruling in favor of Google. If the case proceeds to trial, the issue will be whether Google infringes upon others’ trademarks when it sells associations to those marks to third-party competitors.

The World War for Intellectual Property Rights on the Internet
April 14, 2012 – 8:52 PM | 51338 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F04%2F14%2Fthe-world-war-for-intellectual-property-rights-on-the-internet%2FThe+World+War+for+Intellectual+Property+Rights+on+the+Internet2012-04-15+00%3A52%3A29Greg+Melushttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D5133
The World War for Intellectual Property Rights on the Internet

Intellectual property rights holders suffered a major defeat in Europe. The European Court of Justice will not analyze the Anti-Counterfeiting Trade Agreement (ACTA) to determine whether it violates fundamental European Union rights. The parliamentary move will force a vote on the Act this summer which will face motivated opponents inspired by recent victories in the U.S. in stalling SOPA/PIPA.

“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.

™ Tebow: Quarterback Rushes to the PTO
April 12, 2012 – 8:55 AM | 5117No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F04%2F12%2Ftebow%25e2%2584%25a2-quarterback-rushes-to-the-pto%2F%E2%84%A2+Tebow%3A+Quarterback+Rushes+to+the+PTO2012-04-12+12%3A55%3A18Carrie+Ellen+Sagerhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D5117
™ Tebow: Quarterback Rushes to the PTO

Tim Tebow is extremely well known. For his public declarations of faith, for his prayer while playing football, for his ardent stance against abortion, and, at a distant fourth, for his actual playing ability. But …

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.

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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.

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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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