Archive for March, 2010

Share via email

by Daniel Davidson

ipadFor a company that has blissfully innovated technology in our world that we hold so dear to our hearts, Apple sure does lack innovation in naming of their products. Good thing that Apple is popular and has some deep pockets – we’re talking the kind of deep pockets that compare to Ed Harris‘s decent in The Abyss (1989). Using those deep pockets, Apple has managed to attain the trademark “iPad” from Fujitsu, and move to a 3-0 record in name bouts (their battles over the “Apple Inc.” and “iPhone” names coming before).

The iPad, Apple’s newly anticipated product, which seems to fall between their iPhone and iMac products, will allow the user to surf the web, listen to music, browse photos, and access iBooks, just to name a few functions. The name “iPad” was formerly held by the Japan-based company, Fujitsu, for a similar product used in retail stores. However, Fujitsu and Apple recently negotiated the assignment of Fujitsu’s interest in the “iPad” trademark to Apple for undisclosed terms, coming just before the release of Apple’s iPad on April 3, 2010. For the uninitiated, undisclosed terms roughly translates to big, giant settlement dollars!

Read more...

Share via email

by Daniel Davidson

These days it’s all about that little extra.  Why should it be any different when it comes to the United States Patent and Trademark Office?  It was recently decided in Wyeth v. Kappos, No. 2009-1120 (Fed. Cir. Jan. 7, 2010) that the USPTO’s calculation of the Patent Term Adjustments (PTA) took that little extra away from patentees.  The PTA is the amount of additional time allotted to a patent when certain deadlines are not met during the examination process.

The deadlines are laid out in two different subsections within Title 35 of the United State Code:  § 154(b)(1)(A) and § 154(b)(1)(B).  The deadlines included in §154 (b)(1)(A) include an issuance of an Office Action within 14 months of the date the patent application was filed, 4 months to respond to a reply, 4 months to act on an application after a decision by the Board of Patent Appeals and Interferences, and 4 months to issue a patent from the date the issue fee was paid.  Anything longer than that is an “A Delay.”  Pursuant to §154 (b)(1)(B), the USPTO must issue a patent within 3 years of the application of the patent (provided, of course, that the subject matter meets the other requirements for patentability).  Anything longer than that is a “B Delay,” according to the Wyeth Opinion.  Should any of these provisions occur, the patentee is entitled to an extension to the term of their patent until the provision is satisfied.

Read more...

Share via email

Gravatar Iconby Mark Malek

On February 23, 2010, Facbook, Inc. was awarded U.S. Patent No. 7,669,123 titled Dynamically Providing A News Feed About A User Of A Social Network.  Anyone that uses Facebook understands how the “news feed” feature works.  You put something in as your status, or you perform some function using Facebook, and your friends can view that you have done or have posted in their news feed, along with the activities of everyone else that they are friends with.  It seems to me that Twitter (feel free to follow us on Twitter @LegalTeamUSA and @TacticalIP, or me personally @PTOLawyer) does something similar, but to a much smaller scale.  A user of Twitter can view updates from people that they follow.  It is a bit more informal than Facebook, and it does not allow a user to provide nearly as much information as they can provide on Facebook.

Claim 1 of the Facebook patent reads as follows:

Read more...

Share via email

by Aaron B. Thalwitzer

This was posted recently on a popular blog. It’s a tricycle vehicle called the Air Pod (see the awe-inspiring video here). Let’s just say it makes a Nissan Cube look manly. Cube jokes aside, could Apple ask for a better case to line ‘em up, take ‘em down on a cease-and-desist? Whether such a case would either serve to broaden or restrict the scope of its trademark rights is anyone’s guess; we’ll wait and see.

On a more serious note, this is a car that actually runs on compressed air. I, for one, am concerned that people everywhere would have universal access to inhalants of this magnitude. Duster is no laughing matter!

This isn’t the first time a company wanted to call something an “Air Pod.” In 2008, BlueAir Inc., a Delaware company specializing in air purification, sued Apple to get them to stop raising hay over the airPOD name. BlueAir used the airPOD name to market its desktop-based air filtration systems.

BlueAir’s attorneys argued, “There is no reasonable likelihood of confusion, mistake, or error in the marketplace for persons of even the lowest perceptive capabilities who are seeking an iPod music player considering or buying an airPOD desktop air cleaner instead.”

I asked someone with the “lowest perceptive capabilities” and it turns out BlueAir’s attorneys were right! Air purifiers are not iPods!

But wait, there’s more! In 2009, Air-Pod Ltd. named its drone helicopter the “Air-Pod.” Apple cease-and-desisted, and they’re still fighting it out.

On this most excellent Monday, check out the next stop on Apple’s litigaiton superhighway. First stop, a “Pod” video projector. Check out Wikipedia’s article for a not-so-brief history of other Apple litigation.

Share via email

by Jason Fischer

Earlier this week, Lindsay Lohan filed a $100 million suit against online financial services company, E-Trade. In her complaint (you can read it here), Ms. Lohan accuses E-Trade of appropriating her likeness in its Super Bowl ad, wherein the spokesbaby’s girlfriend accuses him of not calling her because he was with “that milkaholic, Lindsay.”


Subscribe

Login



SATURDAY, MAY 18, 2013

Bad Behavior has blocked 8465 access attempts in the last 7 days.