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CAFC Seemingly Expands Inequitable Conduct to Litigators

November, 14th, 2017

By Christopher J. Stankus Patent prosecution attorneys are well aware of their duty of candor to the PTO. However, in Regeneron Pharmaceuticals, Inc. v. Merus N.V., No. 2016-1346 (Fed. Cir. July 27, 2017), the Federal Circuit [Read More…]

Court Says ‘I Don’t’ to Wedding Gown Trade Dress Claim

November, 6th, 2017

By Natasha Rodriguez Most consumers recognize clothing brands by the company’s trademark, an identifying symbol or logo, located on the article. In addition to this traditional type of trademark, clothing designers may claim trade dress [Read More…]

Vineyard Vines Resolves Trademark Infringement Suit

November, 3rd, 2017

WHIPgroup client Vineyard Vines successfully resolved a district court proceeding regarding the use of its VINEYARD VINES® marks by Preppy Outlet, LLC. Preppy Outlet will permanently cease any use the marks in the future. The [Read More…]

Korean Trademark Rights Melt at the TTAB

October, 31st, 2017

By Chelsea A. Russell In the digital age, it is commonplace for consumers to be familiar with companies and products not for sale in their country. The internet has created a market in which companies [Read More…]

Opinion: Protecting Luxury Online

October, 24th, 2017

By Christina L. Winsor Amazon is a behemoth of online retailers and a godsend for busy parents who just don’t want to have to leave the house for diapers. The company has completely turned physical [Read More…]

WHIPgroup Files Trademark Case On Behalf of Hybrid Athletics against Hylete LLC To Stop Years of Willful Infringement

October, 24th, 2017

WHIPgroup has filed a trademark infringement lawsuit on behalf of its client Hybrid Athletics, LLC in the District Court of Connecticut, Case No. 3:17-cv-1767 (D. Conn) (filed October 23, 2017). Hybrid Athletics is a well-known [Read More…]

Bat Makers Club Each Other With IP

October, 17th, 2017

By Wesley W. Whitmyer, Jr. The Cardinals may be out of the running for the Fall Classic, but St. Louis—specifically U.S. District Court for the Eastern District of Missouri—is still deeply involved in autumn baseball. [Read More…]

Photographic Design Creates Same Commercial Impression as Applied-for Line Drawing

October, 13th, 2017

By Walter B. Welsh A specimen showing a photographic depiction of a design mark satisfied use requirements for an applied-for line drawing despite apparent visual differences because the differences were inconsequential and did not change the [Read More…]

IPR Estoppel – Anything You Say May Be Used Against You In A Court Of Law

September, 26th, 2017

By Michael J. Kosma A Magistrate Judge in the Eastern District of Texas recently issued a report and recommendation finding that a plaintiff’s infringement claims were estopped due to prosecution disclaimer from statements made in [Read More…]

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