Author: James Faier
IP with Training Wheels – Kellytoy Worldwide, Inc. and Kellytoy (USA), Inc. v. Ty, Inc. et al, 2020 WL 6059869 – Permissive Joinder (USDC-ND-ED) 14 October 2020.
Ty Warner and Ty, Inc. have a reputation as litigious and this case supports that view. Ty, Inc. was sued for trademark infringement for use of the trademarks PUFFY and SQUISHMALLOW. The operative complaint alleges that Kellytoy (USA) owned the federal registration for PUFFY trademark and Kellytoy Worldwide owned the federal registration for SQUISHMALLOW. This […]read more
IP with Training Wheels – The importance of venue in a Patent Matter. Khan v. Hemosphere et al, 2019 WL 10947304 (Signed 01/23/2019 – released 10/29/2020) (USDC-NDIL-Eastern Div.)
Plaintiffs filed suit against over three hundred defendants for patent infringement under 35 USC 112. By the time of this slip opinion only a small portion had been served. Of those who were served, many of them moved to dismiss the matter on various grounds including venue. The Court investigated the venue question. The Court […]read more