admin
May 31, 2023
ST BARTH® Prevails in Trademark Opposition Case Charleston intellectual property attorney B.C. Killough recently prevailed in a trademark opposition case before the Trademark Trial and Appeal Board in an opinion issued in May of 2023. The Board sustained opposition to the federal trademark registration of Poupette St Barth, which was deemed to be confusingly similar to the trademark […]
admin
December 30, 2021
SC Trademark Law Our 2021 annual update regarding Trademark Laws in South Carolina is now live on Thomson Reuters Practical Law website. The Q&A guide to South Carolina laws protecting trademarks addresses the governing of trademark registration, infringement, dilution, counterfeiting, unfair competition, and deceptive trade practices. For attorneys without access to Westlaw, a PDF of […]
admin
January 10, 2021
Australian Therapeutic Supplies Pty. Ltd. v Naked TM, LLC No. 2019-1567 Fed. Cir. December 4 , 2020 Circuit Judge Wallach, dissenting from denial of a petition for rehearing en banc. Naked and Australian both sell condoms. Pursuant to an “informal” settlement agreement, Australian agreed that it would not use or register the mark NAKED for […]
admin
January 6, 2021
Precedential No. 46: Registrant Proves Intent to Resume Use The service mark A.W. Shuck’s will continue to be registered to its Charleston owner by the U. S. Patent and Trademark Office (USPTO). Registered patent attorney B.C. Killough prevailed in a Trademark Trial and Appeal Board challenge to his client, Awshucks SC, LLC. The Board issued […]
admin
September 10, 2020
Facebook, Inc., v. Windy City Innovations, LLC Nos. 2018-1400, 2018-1401, 2018-1402, 2018-1403, 2018-1537,2018-1540, 2018-1541 Opinion Issued: March 18, 2020 Opinion Modified: September 4, 2020 Before Chief Judge Prost, with Circuit Judges Plager and O’Malley. Windy City Innovations, LLC (“Windy City”) filed a complaint accusing Facebook, Inc. (“Facebook”) of infringing certain patents. Exactly one year after […]
admin
August 9, 2020
Alacritech, Inc. v. Intel Corporation, Cavium, LLC, Dell, Inc. Nos. 2019-1467, 2019-1468 Fed. Cir. July 31, 2020 Before Circuit Judges Moore, Chen, and Stoll. Alacritech appealed the Patent Trial and Appeal Board’s decisions holding certain claims of U.S. Patent No. 8,131,880 unpatentable as obvious. The Court held that the Board did not adequately support its […]
admin
July 14, 2020
Fitbit, Inc. v. Valencell, Inc. No. 2019-1048 Fed. Cir. Before Circuit Judges Newman, Dyk, and Reyna. Apple petitioned the Board for IPR of claims 1–13. The Board denied review of claims 3–5. Fitbit filed an IPR petition for claims 1, 2, and 6–13 and moved for joinder with Apple’s IPR, which the Board granted. After […]
admin
June 14, 2020
Esip Series 2, LLC v. Puzhen Life USA, LLC No. 2019-1659 Fed. Cir. Before Circuit Judges Lourie, Reyna, and Hughes. The Court affirmed the decision of the Patent Trial and Appeal Board that certain claims of ESIP’s patent are invalid as obvious. The Court also rejected ESIP’s argument that the Board should not have instituted […]
admin
May 14, 2020
Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation No. 2018-2273 Fed. Cir. Before Circuit Judges Lourie, Moore, and Reyna. In this appeal from the Patent Trial and Appeal Board, the Court held that Argentum lacks Article III standing and dismissed the appeal. Standing requires that the Argentum “ suffered an injury in fact, that is fairly […]
admin
April 14, 2020
Nike, Inc. v. Adidas AG No. 2019-1262 Fed. Cir. April 9, 2020 Before Circuit Judges Lourie, Chen, and Stoll. Nike appealed the Patent Trial and Appeal Board’s decision on remand denying its request to enter substitute claims 47–50 of U.S. Patent No. 7,347,011 on the ground that those claims are unpatentable under 35 U.S.C. § […]
