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Fitzpatrick, Cella, Harper & Scinto

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A successful parody: Louis Vuitton Malletier v Haute Diggity Dog

USA - April 22 2008 In a decision that surprised many trademark owners (including the INTA which had filed an amicus brief in support of the trademark owner’s position), the Court of Appeals for the Fourth Circuit in Louis Vuitton Malletier S.A. v. Haute Diggity Dog, 507 F.3d 252 (4th Cir. 2007), held that “Chewy Vuiton” for dog chew toys did not infringe or dilute the trademarks of Louis Vuitton, the high-end handbag manufacturer

B&B Hardware, Inc. v. Hargis Industries, Inc

USA - March 25 2015 Today the Supreme Court concluded that a decision of the Trademark Trial and Appeal Board ("TTAB") denying registration of a trademark on likelihood

Federal Circuit rejects smallest saleable patent practising unit as basis for damages

USA - January 18 2016 In Commonwealth Scientific and Industrial Research Organisation v Cisco Systems, Inc (Slip Op 2015-1066, Fed Cir, December 3 2015), a Federal Circuit

Supreme Court Hears Oral Argument in Impression Products Inc. v. Lexmark Int’l, Inc.

USA - March 22 2017 On March 21, 2017, the Supreme Court of the United States heard oral argument in Impression Prods., Inc. v. Lexmark Int'l, Inc. This case concerns

Secret prior art after America Invents Act: are lost opportunities revived?

USA - December 2 2013 Sweeping changes effected by the America Invents Act continue to percolate through the patent world. First-to-file, post-grant review, covered

Supreme Court Hears Oral Argument in TC Heartland LLC v. Kraft Food Brands Grp. LLC

USA - March 28 2017 On March 27, 2017, the Supreme Court of the United States heard oral argument in TC Heartland LLC v. Kraft Food Brands Group LLC. This case concerns

Supreme Court Clarifies Test For Determining Whether Designs On Useful Articles Are Eligible For Copyright Protection: Star Athletica, L.L.C. v. Varsity Brands, Inc.

USA - March 23 2017 While federal copyright laws unquestionably allow protection for original works of art, copyright eligibility has been less clear in situations where

SCA Hygiene Products v. First Quality Baby Products: Supreme Court holds that laches cannot preclude a claim for damages incurred within the Patent Act’s six-year limitations period

USA - March 22 2017 In a 7-1 decision issued yesterday, the Supreme Court held that the equitable defense of laches (i.e., delay in filing suit for patent infringement

Supreme Court Hears Oral Argument in Impression Products Inc. v. Lexmark Int’l, Inc.

USA - March 22 2017 On March 21, 2017, the Supreme Court of the United States heard oral argument in Impression Prods., Inc. v. Lexmark Int'l, Inc. This case concerns

Supreme Court Rejects Federal Circuit’s Basis For Finding Infringement Liability For U.S. Exporters Under 271(f)(1): Life Technologies Corp. et al. v.Promega Corp.

USA - February 22 2017 The Supreme Court today reversed the Federal Circuit's interpretation of an infringement liability statute in litigation over whether shipping a