The Supreme Court of the United States held unanimously in Romag Fasteners Inc. v. Fossil Inc., et al., 140 S. Ct. 1492 (2020) that a plaintiff in a trademark infringement suit does not have to prove willfulness for an award of defendant’s ill-gotten profits as damages under the Lanham Act.Read More
The USPTO has now extended patent deadlines another month for small and micro entities.Read More
In his latest IP Pipeline blog post, Tampa partner Woodrow Pollack discusses whether the COVID-19 crisis warrants ex parte relief to address price gouging under trademark theories.Read More
For many patent and trademark filing deadlines that would have been due between March 27, 2020 and May 31, 2020, the USPTO will consider them timely filed so long as: (1) they are filed on or before June 1, 2020; and (2) they are accompanied by a statement that the delay in filing was due to the COVID19 outbreak.Read More
The answer – No.
Plaintiff in a patent infringement matter concerning Plaintiff’s ceiling fan patents asked the court to delay all deadlines 90-days in light of the COVID19 crisis. Plaintiff noted that the parties and attorneys are all located in states that imposed social distancing guidelines and other stay at home...Read More
The answer – Yes.
Pierce Manufacturing secured a preliminary injunction prohibiting E-One from selling its Metro 100 single rear axle quint. That preliminary injunction prohibits E-One from selling the Metro 100 during the pendency of the patent infringement litigation Pierce Manufacturing is pursuing against E-One.
The United States Patent and Trademark Office today extended certain deadlines in connection with patent and trademark related matters due to the COVID19 crisis. Similarly, the United States Copyright Office has announced modifications to deadlines in light of the crisis.Read More
No.Erbaviva, LLC, a California LLC, sent a demand letter to Era Organics, a Florida company. The letter identified a number of Erbaviva federal trademark registrations, and "request[ed]" Era Organics:
- Request the USPTO expressly abandon certain Era Organics trademark registrations;
- Permanently refrain from using ERA...
Micro Processing Technology, Inc. sent a letter to Plasma-Therm alleging that Plasma-Therm was infringing MPT's patent. Plasma-Therm filed a declaratory judgment action seeking a declaration that it did not infringe. Six months into the litigation, MPT served preliminary infringement contentions, which were based...Read More
- Romag Fasteners v. Fossil: Willful Infringement is Not Required to Recover an Award of Profits in Trademark Infringement
- Trademark Squatting or Lucrative Opportunity? Time Will Tell
- Patent and Trademark Deadlines Further Extended Due to the COVID-19 Crisis
- Does the COVID Crisis Warrant Ex Parte Relief to Address Price Gouging under Trademark Theories?
- Patent and Trademark Right Deadlines Further Extended (to June 1, 2020) Due to the COVID-19 Crisis
- Does COVID19 Warrant A 90-Day Extension Of a Case Pending More Than A Year?
- Does the COVID19 Crisis Warrant Relief from a Preliminary Injunction Related to Fire Engines?
- Patent, Trademark, and Copyright Deadlines Extended Due to the COVID19 Crisis
- Do You Need To Threaten Litigation To Trigger Declaratory Judgment Subject Matter Jurisdiction?
- Are the Pleading Standards for Method Claims More Rigorous in the Context of Rule 11?