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,...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...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...read more
The Importance of Trademark Clearance Research When choosing a trademark for your new company or brand, you cannot simply pick a name and run with it. In the United States, trademark rights are exclusive—once one company picks a trademark, other companies are...read more
Is it Worthwhile to Register Your Copyrights in the U.S.? As we have previously discussed, trademark owners enjoy certain, geographically-limited rights that arise automatically upon use of their mark in commerce. Copyright owners enjoy certain automatic rights as...read more