On April 12th, the 10th Circuit determined that I Dig Texas’ (“IDT”) use of the term “American-made” to promote its products and to discourage consumers from supporting its competitor, Creager, is inherently ambiguous. Thus, advertisements including that phrase for products assembled in the United States using components from other…
Publications
Irwin IP Publications is the go-to resource for the latest updates and insights in the world of intellectual property. Over 250 articles are published on cases addressing unique issues, all of which can be found using the search tool below. Additionally, there is a collection of articles/papers and presentations that cover a wide range of topics. Whether you’re a legal professional, business owner, or simply someone passionate about IP, our publications page will provide you with all the knowledge needed to navigate this dynamic field.
This presentation examines the essential role of intellectual property law in the success of inventors, entrepreneurs, and content creators. Additionally, this presentation addresses common questions and concerns within these industries, offering a platform to seek personalized legal advice for unique situations….
Patents are prohibited from claiming inventions that would have been obvious to a person having ordinary skill in the art (“POSITA”). This non-obviousness requirement is an application of the Constitution’s limitations on the scope and purpose of Congress’ authority to grant patents. Congress’ power to award patent monopolies flows…
This week, the United States District Court for the Central District of California (the “Court”) granted L’Oreal’s motion for terminating sanctions. The litigation centers around L’Oreal’s alleged misappropriation of Metricolor’s trade secret, which is a first-generation system for storing, formulating, and dispensing hair coloring agents and additives. The system…
As an initial disclaimer, Irwin IP LLP is privileged to be lead counsel for LKQ Corporation and Keystone Automotive Industries, Inc. (collectively, “LKQ”) in several design patent validity disputes, including this case against GM Global Technology Operations and by extension General Motors Co. (collectively, “GM”). LKQ neither requested nor…
A license agreement with broad terms might seem like a good idea, but it could turn into something that you later regret. On March 25, 2024, the Second Circuit (“the Court”) affirmed that a licensee did not violate a trademark license agreement for “beer” products by selling hard seltzer…
On February 28, 2024, in AlexSam, Inc. v. MasterCard International Incorporated, the Federal Circuit reversed the district court’s summary judgment in favor of MasterCard and remanded. The Federal Circuit found that AlexSam could maintain its suit because the covenant not to sue provision in the License Agreement (“Agreement”), which…
On February 9, 2024, in Rai Strategy Holdings Inc. v. Philip Morris Products S.A., the Federal Circuit vacated the Patent Trial and Appeal Board’s (PTAB) finding that claimed ranges of length rendered Rai’s vape device claims invalid for lack of written description. The Federal Circuit rejected Philip Morris’ rigid…
Did the University of Illinois Fumble its Chief Illiniwek Trademark? The Northern District of Illinois Says Further Review Is Needed. Published by The Licensing Journal….
As an initial disclaimer, Irwin IP LLP is privileged to be lead counsel for LKQ Corporation and Keystone Automotive Industries, Inc. (collectively, “LKQ”) in several design patent infringement matters, including this case against GM Global Technology Operations and by extension General Motors Co. (collectively, “GM”). However, LKQ neither requested…
Curious about A.I. and legalities in image & copy creation? Alexa Tipton and Victoria Hanson will guide you through crucial legal issues. Learn about A.I. usage with copyrighted works, “fair use,” recent Copyright Review Board decisions, trademark infringement litigation, advertising, deepfakes, and best practices for prompts….
On January 26, 2024, the Federal Circuit denied a petition for writ of mandamus to vacate an order permitting Rotolight Limited (“Rotolight”) to serve Aputure Imaging Industries Co., Ltd. (“Aputure”) through email to Aputure’s in-house counsel. Rotolight and Aputure manufacture and sell LED lights used in photography and filmmaking. …
In an opinion made precedential at the PTAB’s request, the Court of Appeals for the Federal Circuit (“CAFC”) affirmed a PTAB determination that a trademark application for the wordmark “EVERYBODY VS. RACISM” committed a “cardinal sin” under the Lanham Act by undermining the source-identifying function of a trademark. The…
In IBM Corp. v. Zillow Group, Inc., the Federal Circuit affirmed a district court decision dismissing IBM’s patent infringement suit despite an alleged claim construction dispute, which district courts are required to resolve (or affirmatively adopt the non-movant’s construction). IBM asserted that Zillow infringed two of its patents directed…
In the most recent of three Copyright Review Board decisions regarding artificial intelligence (“AI”) works, the Board once again found that an artistic work generated by inputting the author’s photograph of a sunset and Van Gogh’s The Starry Night, into the RAGHAV AI Painting App, then selecting the intensity…
How should courts resolve patent infringement disputes where patients rely on allegedly infringing treatments? The U.S. District Court for the Middle District of North Carolina (the “Court”) recently grappled with this question in granting a preliminary injunction against NeoGenomics for their product “RaDaR,” in which allegedly infringes two of…
Found a mistake in your patent? You might want to get it fixed at the U.S. Patent and Trademark Office (“PTO”). If the mistake is not corrected by the PTO, your patent may be found invalid in court. On December 14, 2023, the Southern District of Texas (“the court”)…
The Second Circuit was the first Circuit Court to address Jack Daniel’s Properties, Inc. v. VIP Products LLC, where the Supreme Court explained that when an alleged trademark infringer relies upon the goodwill of a trademark owner to market its own goods, the standard likelihood of confusion test applies…
On November 27, 2023, U.S. District Judge Connolly ruled that patent monetization firm and de facto patent owner, IP Edge, and its affiliated business Mavexar, engaged in a fraudulent strategy of (1) conveying various computer and cellphone patents, and de minimis rights therein, to third-party shell LLCs, and then…
In a pivotal decision that could expand copyright protection in the digital media world, the United States Court of Appeals for the Ninth Circuit reversed and remanded the district court’s dismissal of world-renowned choreographer Kyle Hanagami’s complaint alleging Epic Games, Inc. infringes part of Hanagami’s dance that is registered…