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19 May 2011, 2:20 pm
Additionally, the Court of Appeals for the Federal Circuit has held that obtaining the opinion of outside counsel with regards to the formation of a monitoring plan and to ensure that the items marked are covered by the applicable patents are facts which may tend to show that a business did not intend to deceive the public. (11) To reduce the risk of violating the false marking patent law, businesses which own or license patents should consider obtaining the opinion… [read post]
10 Jun 2010, 9:22 am
Most of the pending false-marking cases have a similar factual underpinning: The product being sold is marked was covered by a patent, and the manufacturer continued to mark the products as patented even with knowledge that the patents had expired. [read post]
27 Sep 2010, 8:49 am
Allegations that defendant "did not have, and could not have had, a reasonable belief that its [products-at issue] were properly marked," "is a patent-sophisticated company," "knew, or should have known, that many of the patents marked on its [products] do not cover the products on which they are marked," and "marked [its products]. . . with knowledge that the claims of this patent do not cover one or more of… [read post]
6 Aug 2014, 4:49 am
” However, the appropriation needed to be in an “advertisement” to be covered, and the underlying complaint only alleged that Willowood used the mark in connection with its products. [read post]
Recent Decision Highlights Importance of Pleading Compliance with the Federal Patent Marking Statute
26 Apr 2019, 6:16 am
The decision highlights the importance of pleading compliance with the marking statute even where a product covered by the patent is not being offered for sale or sold in the United States. [read post]
27 May 2020, 5:14 am
Whilst this would not necessarily prevent the mark from being registered, the mark would still have to be able to indicate commercial origin and enable consumers to distinguish the goods covered by the mark from those of competitors. [read post]
22 Dec 2023, 8:20 am
December 31, 2023 marks the final deadline for compliance with the first year of New Jersey’s building energy and water benchmarking law. [read post]
25 Oct 2016, 1:49 am
This was then extended to cover situations where there was no confusion (e.g. due to a prominent disclaimer that goods were not official) but there was nevertheless infringement (e.g. [read post]
1 Jan 2024, 1:59 am
Background On 12 July 2022, Wuhan Shuncheng Electronic Commerce Co., Ltd. filed an application for EU trade mark no. 18731202 ‘LoraCraft’ covering essentially packaging and stuffing materials as well as ropes in class 22. [read post]
5 Feb 2014, 3:17 am
The Board, not surprisingly, found none of the registered marks to be the legal equivalent of the applied-for mark.Dana's argument that its mark was limited because it covered only two-digit combinations was belied by the description of the mark: "at least two digits may be used." [read post]
22 Sep 2007, 7:00 pm
The zipper left its mark on the album cover genre. [read post]
3 Feb 2007, 8:16 am
In the presentation, Mark covers: - fundraising & resources - the North Carolina scence - the exit update - performance numbers Also, the News & Observer did an interview with Mark in advance of his visit to NC. [read post]
21 Jun 2023, 8:25 am
These include, inter alia, situations where (i) the applied-for mark or the prior mark citation is in the process of a change of name or assignment; (ii) the prior mark citation is in the process of being withdrawn; (iii) the status of the prior mark citation is dependent on a case under review / processed by a Court or an administrative department (this should cover situations where the prior mark citation is in the process of being… [read post]
21 Jun 2023, 8:25 am
These include, inter alia, situations where (i) the applied-for mark or the prior mark citation is in the process of a change of name or assignment; (ii) the prior mark citation is in the process of being withdrawn; (iii) the status of the prior mark citation is dependent on a case under review / processed by a Court or an administrative department (this should cover situations where the prior mark citation is in the process of being… [read post]
22 Feb 2018, 9:08 am
Can they merely list all of the patent owner’s models that might be covered by the patent and should have been marked regardless of whether it was marked? [read post]
13 Oct 2014, 2:23 am
Mark Pryor’s role in CPSIA is a post from Overlawyered - Chronicling the high cost of our legal system [read post]
26 Jul 2012, 6:00 am
In order to recover damages for infringement of a patent, the patentee must provide notice of its rights by marking any article covered by the patent, except for damages incurred after the infringer was notified of the infringement. [read post]
15 Dec 2015, 8:05 am
that the European Parliament has today adopted a package of proposals governing EU laws on trade marks.The changes to the CTMR will be quite considerable and will, inter alia, affect "broad" specifications of goods and services of CTMs which cover "class heading" terms (which are interpreted literally) and the application fees for CTMs/EU trade marks (no more one fee for three classes, but fees for each class). [read post]
20 Apr 2011, 4:13 am
ACT also argues that each product is not covered by each patent, and thus it is false marking to include all of them on the packaging. [read post]
2 Mar 2017, 6:47 am
Firstly, the Court of Appeal agreed with the High Court’s criticism that the surveys had been confined to those who (amongst other things) “ate chocolate covered wafer in the past week and also at least on a weekly basis”, even though the relevant consumer of the goods would be the general public. [read post]
