Author: James Faier
Show me the money! Brexit. Highlights from INTA UKPTO CEO talk. By James Michael Faier, M.P.P., M.B.A., J.D.
I am in a presentation with the head of the UK patent office. Great news is that existing EU rights are created in the UK. But, if you have a pending application in the EU, then you must file in the UK. Remember that where you have an EU right, after December 31, 2020, you […]read more
Show me the money! (v.2) Trademarks: Its the goodwill that makes them valuable. James Michael Faier, M.P.P., M.B.A., J.D. (USPTO Regn. No. 56,731)
There is nothing more important in the trademark field than the trademark a client chooses to protect. From my perspective, there is no trademark that out of the starting gate is important. Why? Because there is no goodwill associated with the trademark! Its that goodwill that will make the trademark valuable. Stop thinking about what […]read more
Show me the money! Initial Interest Confusion Trademark Infringement based in the Northern District of Illinois – Holbrook MFG LLC v Rhyno Manufacturing Inc., 2020 WL 6343083 by James Michael Faier, M.P.P., M.B.A., J.D. (USPTO Regn. No. 56,731)
The Northern District reiterated on October 26, 2020, its commitment to Initial Interest Confusion as a basis of trademark infringement as well as trademark infringement by metatag. In Holbrook MFG LLC et al v. Rhyno Manufacturing Inc. et al, 2020 WL 6343083, the Court had a plaintiff seeking a preliminary injunction for trademark infringement. The […]read more
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