The Federal Circuit Court of Appeals has again sided with WHIPgroup and its client Hybrid Athletics in denying Hylete, Inc.’s petition to rehear the Court’s previous ruling in Hybrid Athletics’ favor. In a precedential opinion issued last August, the Federal Circuit affirmed a determination by the Trademark Trial and Appeal Board that Hylete’s stylized “H” logo is confusingly similar to Hybrid’s trademarks. When Hylete petitioned for rehearing, WHIPgroup filed a persuasive opposition and the Federal Circuit unanimously denied Hylete’s request. The Federal Circuit’s denial effectively ends the question of whether Hylete’s stylized “H” logo is infringing. Hybrid is simultaneously pursuing federal trademark infringement claims for damages and an injunction against Hylete and its founders in the District Court of Connecticut for use of Hylete’s stylized “H” logo and the word mark HYLETE.
The Federal Circuit Judges that reviewed and unanimously denied Hylete’s petition were Chief Judge Prost and Circuit Judges Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll.
WHIPgroup has prevailed in another patent appeal before the Patent Trial and Appeal Board (PTAB). The invention relates to an adjustable piston with an inner plastic nut that helps withstand high frequency pulsing loads. The [Read More…]
Earlier this month WHIPgroup asked the Supreme Court to take up the important issue of whether a court can overlook factual allegations in a patentee’s infringement complaint at the pleading stage and find that the [Read More…]
WHIPgroup Successfully obtained patent allowance with an Appeal Brief. The invention is directed to an agitator ball mill, and has cams with specific ratios that improve mixing, cooling, and durability. The Patent Office rejected all [Read More…]