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SerendIPity: Dykema's Intellectual Property Law Blog

Intellectual Property Law Blog

News and Analysis of Legal Issues Affecting Intellectual Property



Photo of SerendIPity: Dykema's Intellectual Property Law Blog Zachary Q. Hoard
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Showing 7 posts by Zachary Q. Hoard.

Eastern District of Texas Judge Requires Permission to File Alice Motions

Federal Judge Rodney Gilstrap recently ordered that patent defendants seeks leave and show good cause prior to filing an early motion seeking judgment that a patent is invalid under the U.S. Supreme Court’s Alice Decision.  Read More ›

Third Circuit Expands Octane Fitness Standard to Trademark Cases

The Third Circuit in Fair Winds Sailing, Inc. v. Dempster, __ F.3d __ (3d Cir. Sept. 4, 2014) has determined that the U.S. Supreme Court’s Octane Fitness ruling on awarding attorneys’ fees in patent cases should apply equally to trademark cases.  For over twenty years the Third Circuit utilized a two-step test that required a finding of culpability, as well as exceptional circumstances, before assessing attorney fees in trademark suits. In holding that the test no longer applies, the Third Circuit concluded that the Supreme Court sent a “clear message” in Octane Fitness that the decision should also affect trademark law. Read More ›

Understanding the Risks Associated with the Use of Virtual Currencies

The Consumer Financial Protection Bureau (“CFPB”) recently issued a consumer advisory warning about the risks of virtual currencies, also referred to as “digital currencies,” such as Bitcoin. The potential risks include the threat of hacking and scams, volatile exchange rates, unclear costs, and the risk that companies offering virtual currencies may not offer help or refunds for lost or stolen funds.   Read More ›

Supreme Court Pulls the Plug on Aereo's Streaming TV Service Holding it Illegal

In a ruling that could have implications for emerging technologies in the television industry, and beyond, the U.S. Supreme Court ruled 6-3 yesterday that online television streaming service Aereo Inc. violates copyright law by retransmitting over-the-air programming without authorization. American Broadcasting Companies, Inc. et al. v. Aereo, Inc. f/k/a Bamboom Labs, Inc., No. 13-461. The Court held that Aereo’s streaming service represented a “public performance” of copyrighted works, in violation of the Copyright Act. The decision represents a major victory for television networks and copyrighted content owners, which had argued that Aereo’s business model amounted to nothing more than high-tech theft of protected works.  Read More ›

Federal Circuit Revives Oracle’s $1 Billion Java Suit Against Google, Affirms Protection for Software Programs Under the Copyright Laws

The Federal Circuit Court of Appeals today reversed a ruling that Oracle Corp.’s Java software could not be copyrighted.  The court reinstated a jury verdict that Google Inc.’s Android operating system infringes on Oracle’s copyright, but allowed Google to argue on remand that it is protected by fair use.  Read More ›

Supreme Court Takes Aim at NPE’s Pocketbook

The U.S. Supreme Court issued two rulings today that make it easier for trial courts to award attorneys' fees and costs in patent cases. In unanimous decisions, the Court relaxed two Federal Circuit standards for such awards. The statute at issue in both cases is 35 U.S.C. §  285, which allows judges to order losing parties in patent cases to pay the prevailing party’s attorneys’ fees. Read More ›

Color Me Confused?

Over the years, several companies have successfully obtained and defended trademarks for a single color. UPS registered the color chocolate brown for transportation and delivery services, specifically its vehicles and uniforms. (Reg. No. 2,901,090). Tiffany’s has several registrations for its signature robin egg blue color used on its boxes, bags, catalogues, jewelry, and other products and services. (Reg. Nos. 4,177,892; 2,359,351; 2,416,795; 2,416,794; 2,184,128). Owens Corning has several registrations for the color pink for insulation and other building and construction products. (Reg. Nos. 3,165,001; 2,380,742; 2,380,445; 2,090,588; 1,439,132). 3M’s registrations for yellow POST-IT® notes. Reg. No. 2,390,667). More and more, companies are utilizing non-traditional marks like color, sound, and scent to distinguish their products and services and attract consumers. Read More ›