Chicago Case Brief: Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule “A”, 2021 WL 308882 (1/30/2021) by James Michael Faier, M.P.P., M.B.A., J.D. (USPTO Reg. No. 56,731) 11:28, February 3, 2021

Author: James Faier

Chicago Case Brief: Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule “A”, 2021 WL 308882 (1/30/2021) by James Michael Faier, M.P.P., M.B.A., J.D. (USPTO Reg. No. 56,731)

Hats off to Judge Kennelly on his review of the differences of approach when going after a group of online infringers using either the trademark laws versus the patent laws. In this case, Oakley sought to go after various infringers of various design patents drawn with regard to its eyewear. Typically, a party basing its […]

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Trademark Law Briefing: Black & Decker v. Positec, 2021WL202686 (NDIL-ED), January 20, 2021, by James Michael Faier, M.P.P., M.B.A., J.D. (USPTO Regn. No. 56,731)

Case Title and Date: The Black & Decker Corporation et al v. Positec USA Inc. et al., 2021WL202686 Facts:  Black & Decker in 1992 introduced bright yellow packaging for its DeWalt power tools.  It modified that packaging about 2008.  The packaging had a drawing of a power tool.  Black filed numbers of trademark applications on […]

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USPTO Director Iancu releases his list of USPTO accomplishments 2018-2021. By James Michael Faier, M.P.P., M.B.A., J.D. (Registered Patent Attorney #56731)

The Director of the USPTO, Mr. Andrei Iancu, just released his list of accomplishments. I see no reference to the abandonment initiative that was discussed with INTA last year. I hear from contacts in the Examiner corps that the push goes on to adopt an expungement proceeding similar to the Canadian system. I do not […]

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Civil Contempt. Initial thoughts. By James Michael Faier, M.P.P., M.B.A., J.D. (USPTO Regn. Number 56,731)

In the federal courts, Civil Contempt is governed by 18 U.SC. 401(3) that provides “A court of the United States shall have the power to punish by fine or imprisonment, at its discretion, such contempt of its authority, and none other, as … disobedience of resistance to its lawful writ, process, order, rule, decree or […]

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