litigation

November, 3rd, 2017

Categories: Blog, News Tags: litigation, trademark, whipgroup

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…]

October, 31st, 2017

Categories: Articles, Blog Tags: litigation, precedential, trademark, TTAB, USPTO

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…]

October, 24th, 2017

Categories: Articles, Blog Tags: anticounterfeiting, litigation, trademark

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…]

October, 24th, 2017

Categories: Blog, News Tags: litigation, trademark, whipgroup

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…]

October, 17th, 2017

Categories: Articles, Blog Tags: litigation, trademark

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…]

October, 13th, 2017

Categories: Articles, Blog Tags: litigation, trademark, TTAB, USPTO

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…]

September, 26th, 2017

Categories: Articles, Blog Tags: IPR, litigation, patent, PTAB, software, USPTO

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…]

September, 19th, 2017

Categories: Articles, Blog Tags: 101, computer, litigation, patent, software, USPTO

By Andrew P. Siuta In the recent holding in Visual Memory LLC v. NVIDIA Corporation (Fed. Cir. August 15, 2017) the Federal Circuit again addressed the issue of whether a new computer memory system was [Read More…]

September, 11th, 2017

Categories: Articles, Blog Tags: 101, CAFC, computer, litigation, patent, PTAB, software

By Stephen Ball At issue was a Motion for Summary Judgment that certain claims of U.S. Patent Nos. 5,960,032 (the “‘032 patent”) and RE41,490 (the “‘490 patent”) are patent-ineligible under 35 U.S.C. § 101. Intellectual [Read More…]