Business and Legal Insights

Through the passage of the recent budget bill directed to providing COVID relief, Congress has also passed the Copyright Alternative in Small-Claims Enforcement Act (the “CASE Act”), essentially creating a small claims “court” within the Copyright Office itself.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.

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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:

1. Request the USPTO expressly abandon certain Era Organics trademark registrations;
2. Permanently refrain from using ERA...

No.

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

If she or he is not a lawyer, no.Read More

The owner of the TEMPUR-PEDIC bedding brand ("Plaintiff") has sued a number of defendants, including a former retailer as well as the owner of the THERAPEDIC bedding brand. Through that lawsuit, Plaintiff seeks to enjoin sales of the THERAPEDIC bedding.Read More

Nope. The party seeking fees pursuant to a rejected Rule 68 Offer of Judgment still has the burden of showing a proper offer was made, was served, and was not accepted.Read More

Yes. Thursday, LLC and Klhip, Inc. are both retailers that use Amazon to sell nail clippers online. Klhip filed a number of claims with Amazon about Thursday. In response, Amazon would take Thursday down and investigate. Each time, Klhip's allegations have been found baseless (and Thursday's Amazon presence has been...Read More

Taser International, Inc. sued Phazzer Electronics, Inc. for patent infringement. The discovery history appears tortured.Read More

Commodores Entertainment Corporation has sued Thomas McClary, a former Commodores band member, for various trademark claims.Read More