Posts Tagged: central district of california


Other Barks & Bites, Friday, August 9: IP Litigation Getting More Expensive, WIPO Launches .CN Dispute Resolution Service

This week in Other Barks & Bites: WIPO launches dispute resolution service for Chinese domain names; Morrison Foerster report shows that IP litigation costs are increasing as the …
By IPWatchdog
3 months ago 0

Smells Like Trademark Infringement: Nirvana Sues Over Smiley Face Logo

On December 28, 2018, the limited liability company representing famed Seattle-area grunge rock band Nirvana sued clothing designer Marc Jacobs and fashion retailers Neiman Marcus and Saks Fifth Avenue …
By Gene Quinn & Steve Brachmann
10 months ago 1

‘Honey Badger Don’t Care’ But the Ninth Circuit Does, Finds Triable Issue of Fact in Gordon v. Drape Creative

Christopher Gordon, under the pseudonym “Randall,” released the Honey Badger movie in 2011 and the 3:20-long video has been viewed more than 89 million times. Gordon filed trademark applications …
By Steve Brachmann
12 months ago 1

Judge Awards Enhancement of Damages to $268 Million in Cochlear Implant Patent Case

“While the jury’s $130 million verdict is significant and may sound large in the abstract, it may not be enough without enhancement to deter infringing conduct given …
By Steve Brachmann
1 year ago 8

Supreme Court Refuses Another 101 Patent Eligibility Appeal

REAL argued in its petition that step two of the Alice test used to determine invalidity under Section 101 requires questions of fact that were never asked by …
By Steve Brachmann
1 year ago 19

Ninth Circuit Vacates and Remands ‘Stairway to Heaven’ Copyright Case Over Erroneous and Prejudicial Jury Instructions

The Court of Appeals for the Ninth Circuit recently issued an opinion in Skidmore v. Led Zeppelin, which vacated-in-part a judgment out of the Central District of …
By Steve Brachmann
1 year ago 7

Judge Allows Copyright Claim by Mural Artist to Proceed Against General Motors

U.S. District Judge Stephen V. Wilson of the Central District of California recently issued an order granting-in-part and denying-in-part a motion for summary judgment made by …
By Steve Brachmann
1 year ago 0

Judge Denies Motions to Dismiss Fraud, Copyright Claims in ‘This Is Spinal Tap’ Lawsuit

In October 2016, the creators of the classic mockumentary film This Is Spinal Tap filed suit against a group of defendants including the French mass media conglomerate Vivendi …
By Steve Brachmann
1 year ago 0

Pepe the Frog Creator Files Copyright Suit Against Infowars over Use of Pepe Likeness on Donald Trump Poster

Artist Matt Furie, the creator of the Pepe the Frog anthropomorphic frog character that has gained notoriety for its use in Internet memes, filed a complaint for …
By Steve Brachmann
2 years ago 0

PTAB Judges Shockingly Inexperienced Compared to District Court Judges

This study uncovered several shocking revelations. First, 12.64% of PTAB judges were appointed with less than 5 years of experience prior to their appointment as APJs (i.e., 5 years …
By Gene Quinn
2 years ago 63

Judge Finds Taylor Swift Lyrics Lack Originality and Creativity

So uncreative did Judge Michael Fitzgerald find Taylor Swift's 2014 hit Shake It Off, he dismissed a copyright infringement case filed against her. In his opinion Judge Michael …

Makers of Popular Bakugan Toy Files Patent Infringement Suit over Transformable Toys

The technology covered by the ‘073 patent has been incorporated into the series of Bakugan rollable toys developed by Spin Master and released in 2007 in conjunction with the …
By Steve Brachmann
2 years ago 1

TiVo Files Patent Lawsuits against Comcast, Only Major U.S. Pay-TV Provider Without a TiVo Patent License

TiVo files patent lawsuits, the latest steps TiVo has taken in the hopes of resolving the renewal of a long-term licensing agreement that TiVo has already has …
By Steve Brachmann
2 years ago 0

Grumpy Cat Wins $710,000 Verdict for Copyright, Trademark Infringement Against Beverage Maker

A jury awarded $710,000 in damages for trademark and copyright infringement to Grumpy Cat Limited, the entity holding the rights to the Internet cat celebrity Grumpy Cat. The …
By Steve Brachmann
2 years ago 1

Trademark Food Fight: Did In-N-Out Burger Abandon the Triple Triple?

Smashburger asserts that In-N-Out stopped using the Triple Triple mark and thus, abandoned its rights, when the triple meat, triple cheese hamburger was rebranded as the 3X3 …
By Jennifer Ko Craft
2 years ago 0