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Federal Circuit Holds Trademark Office’s Ban on “Disparaging” Marks Unconstitutional

THE SLANTS, THE REDSKINS, STOP THE ISLAMISATION OF AMERICA, AMISHHOMO, THE CHRISTIAN PROSTITUTE, AMISHHOMO, MORMON WHISKEY, KHORAN for wine, HAVE YOU HEARD THAT SATAN IS A REPUBLICAN?,  RIDE HARD RETARD, ABORT THE REPUBLICANS, HEEB,  SEX ROD, MARRIAGE IS FOR FAGS, DEMOCRATS SHOULDN’T BREED, REPUBLICANS SHOULDN’T BREED, 2 DYKE MINIMUM, WET BAC/WET B.A.C., URBAN INJUN , SQUAW VALLEY, DON’T BE A WET BACK, FAGDOG, N.I.G.G.A. NATURALLY INTELLIGENT … Continue Reading

Cannabis Trademark Litigation: Promotion of Cannabis Use Lawful for Trademark Purposes

Cannabis legalization is getting a lot of attention in the country, and many legal commentators have touched on some of the issues at the intersection of trademark law and cannabis-related goods & services. But what happens when cannabis-related trademarks end up in court? Last year, we talked about Hershey’s Chocolate, Inc. lawsuit (Case No. 2:14-cv-00815-RSL) for Trademark Infringement against Conscious … Continue Reading

Commil USA v Cisco- Belief of Invalidity Doesn’t Matter

On May 26, the Supreme Court finally drew a line in the sand on indirect patent infringement defenses. Enter: COMMIL USA, LLC v. CISCO SYSTEMS, INC. Previously, the Federal Circuit held that “evidence of an accused inducer’s good-faith belief of invalidity may negate the requisite intent for induced infringement,” Commil USA LLC v. Cisco Systems Inc., No. 2012-1042, slip … Continue Reading

“When Dr. Leighton and Mr. Lewin patented their invention, they expected our legal system to protect their intellectual property.”

Heh, heh, heh…ho, ho, ho,…whatever lead them to believe THAT? The Federal Circuit, perhaps spurred on by the hysteria over “patent trolls,” continues to systematically extract whatever worn down, yellowed and decaying teeth remain in the patent laws.  Their recent decision in Akamai v. Limelight reaffirms the recently created “single entity” rule that essentially requires … Continue Reading

Hershey’s Chocolate Wants to Kill Your Buzz

Hershey’s Chocolate, Inc. filed suit (Case No. 2:14-cv-00815-RSL) for Trademark Infringement in U.S. District Court in Seattle against Conscious Care Cooperative (Seattle CCC), a Seattle company which describes itself as "a non- profit cooperative that is dedicated to providing its members the highest quality of organic medicine or Medical Marijuana in Seattle." What’s bugging Hershey’s … Continue Reading

Mann Law Group Gets Jury Verdict in Patent Case

We’ve been exceptionally busy lately, so this is the first time we’ve had some time to actually take a look at what we’ve accomplished. The Mann Law Group, now with a new associate Timothy Billick (bio and press release to come later), partnered up with John Whitaker to obtain a unanimous jury verdict award in … Continue Reading

Who you calling a “troll”?

This recent article from the Wall Street Journal brought a chuckle.  Seems the Obama Administration just stepped in to veto an ITC ruling, won by Samsung, that barred importation of certain Apple iPads and iPhones.  What’s interesting is some of the language used to justify the veto: U.S. Trade Representative Michael Froman made the decision … Continue Reading

The Empire Strikes Back

It appears my comment regarding a recent New York Times article on "patent trolls" — and my suggestion that defense lawyers might be the major beneficiaries of the so-called "troll" problem —  has touched a nerve.   For some reason Mr. Guiliano takes me to task for simply accepting the figures provided in the article and … Continue Reading

Why pay for the cow…

This interesting article in the New York Times regarding a so-called "patent troll," raises the obvious question:  If the patents are obviously no good and the claims of infringement clearly frivolous, how is it that supposedly top-notch lawyers must charge millions to show that to a judge?  I found this statistic from the article telling:  … Continue Reading

Be Careful What You Wish For…

The eyes of the patent world were on Seattle this week as an Order denying injunctive relief was handed down in the ongoing Microsoft v. Motorola heavyweight title bout. While I will leave it to others to discuss the minutiae and determine the implications for the industry, the main question on my mind is whether … Continue Reading

I Resemble That Remark

It is always amusing to watch the intellectual gymnastics of clever people trying to defend the intellectually indefensible.  Seventh Circuit Appellate Judge Richard Posner’r recent, article, "Patent Trolls Be Gone" (You talkin’ to me, Judge?) is entertaining in this regard, as we watch the good judge try to "clarify" the "problems with our patent system, … Continue Reading

Flying Coach

Or, "Those Who Live By The Sword…" Here’s an amusing little class action case filed in Seattle this week.  Seems  Coach, Inc., well known purveyors of high end handbags and such, in their never-ending zeal to protect innocent consumers from inferior (and, more reasonably priced) "knock off" goods, unleashed their New York lawyers to crack … Continue Reading

Who’s Driving Up The Costs of Litigation? (Or, “Maybe The Recession’s Worse Than We Think!”)

As contingent-fee lawyers and supposed "patent trolls" to boot, my colleagues and I are blamed for many of the ills that plague society.  It is we — who do not get paid unless we are successful — who file merit-less cases, prolong litigation, waste resources, and cause innocent defendants to pay their lawyers upwards of … Continue Reading

And the beat goes on…

A few years back I wrote about what I saw as a developing  "War on Juries" in patent cases.  A couple of recent incidents suggest that the war continues. Last week we lost a hard-fought case on summary judgment.  That happens, it’s part of the game, and the lawyer who never loses most likely never … Continue Reading

That Unsettling Feeling

The overwhelming majority of cases settle.  What varies is when, how and on what terms they do.  Maybe it has to do with a weakening economy, but we’re seeing a definite trend for defendants (or more likely their lawyers) to dig in their heels and fight, rather than take the sensible approach of reaching a … Continue Reading

Houston, We Have A Problem…*

Count me among the latest to question whether the Eastern District of Texas is still THE venue for bringing plaintiff’s patent cases.  A "Rocket Docket" it ain’t. We’ve filed a fair number of cases in the Eastern District over the years.  Although things used to move with dispatch, in one of our latest, the first … Continue Reading

Signs of things to come?

Just when it appears things can’t get much worse for patent plaintiffs, the Federal Circuit surprises us with a modest string of decisions actually finding in favor of patent holders. Just one week after Muniauction, Inc. (pdf) took it on the chin by having its $77 Million jury verdict reversed (that’s reversed as in “you … Continue Reading

Mann Law Group Wins $1.3 Million Jury Verdict in Favor Of Seattle Professional Photographer

Today a Seattle jury awarded Seattle professional photographer Lloyd Shugart a $1.3 Million verdict following a three day jury trial. Philip P. Mann of the Mann Law Group was lead trial counsel for Mr. Shugart. The case arose when Mr. Shugart discovered that his client, Propet USA, Inc., a wholesale supplier of shoes, had been … Continue Reading
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