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Articles by Hala Mourad
'Fresh, Local, Quality' — How Unverifiable Opinions Evade False Advertising Claims
For a consumer, the words "Fresh. Local. Quality." attached to a product might draw connotations of craft beer, artisan goods or farm-to-table restaurants. But could a competitor sue under the Lanham Act if those "local" goods are actually shipped over from a neighboring state? When the Tenth Circuit Court of Appeals recently evaluated these words used to promote a bakery's bread, it deemed the tagline not actionable as false advertising and merely opinion.
Half-baked case: no misappropriation or false advertising given over-broad allegations
United States of America Legal updates: case law analysis and intelligence In this dispute involving competitors in the bread industry, the court concluded that the alleged trade dress for the Grandma Sycamore’s Home-Maid Bread was generic and unprotectable. Register for limited access Register to receive our weekly newsletter and access two of our subscriber-only articles per month.
Half-Baked Case: No Misappropriation or False Advertising Given Over-Broad Allegations | JD Supra
The US Court of Appeals for the Tenth Circuit affirmed a district court’s grant of summary judgment in favor of a defendant baker on a trade dress infringement claim and reversed the district court’s denial of the defendant baker’s motions for judgment as a matter of law on trade secrets misappropriation and false advertising claims. Bimbo Bakeries USA, Inc. v. Sycamore, Case Nos. 18-4062; -4031; -4040 (10th Cir. Mar.
Half-Baked Case: No Misappropriation or False Advertising Given Over-Broad Allegations
March 30, 2022 SBA OHA Says Small Business on Notice of Email in Junk Folder: Appeal... by: Emily S. Theriault An Analysis of the Auxin Petition and Commerce Investigation and... by: Carl J. Fleming and David J. Levine USCIS Announces New Measures to Reduce Immigration Backlog by: Ana C. Santiesteban Gutiérrez Health Care Triage: Navigating the Independent Dispute Resolution... by: Steven G. Pine and Gary S. Qualls The Impact of DOD’s Enhanced Debriefings Rule on Bid Protest... by: Ryan E.
Patent Venue Statute Doesn’t Apply to Third-Party Counterclaim Defendant; Acts in Furtherance of Partnership May Be Imputed to Partner for Venue Purposes
Thursday, March 24, 2022 The US Court of Appeals for the Federal Circuit affirmed a district court’s determination of proper venue, finding that the patent venue statute, 28 U.S.C. § 1400(b), does not apply to a third-party counterclaim defendant and that acts done by separate entities in furtherance of a partnership can be imputed to a partner for purposes of venue determination. The Federal Circuit also affirmed and reversed jury verdicts of adequate written description and patent co-ownership.
Texas AG Sues Meta, Alleging Massive Collection of Face Geometries
Thursday, February 17, 2022 Texas enacted a biometric information privacy law way back in 2001, which was amended in 2009. That was a long time ago in the context of the development of privacy laws, and even longer when it comes to biometric information privacy laws. In this rapidly changing area of law, Texas was surely ahead of its time. The law, Sec.
Discretion to Authorize Hague Alternative Service on Foreign Defendant—it’s All About Time and Cost | JD Supra
The US Court of Appeals for the Federal Circuit denied a petition for a writ of mandamus, directing the US District Court for the Western District of Texas to dismiss multiple infringement actions for insufficient service of process and lack of personal jurisdiction where the plaintiff used alternative methods to effect service of process on a foreign defendant instead of the more conventional Hague Convention.
Discretion to Authorize Hague Alternative Service on Foreign Defendant—It’s All About Time and Cost
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Lanham Act Reaches Foreign Defendants’ Extraterritorial Conduct, but Worldwide Injunction Too Broad | JD Supra
The US Court of Appeals for the 10th Circuit upheld a district court’s injunction barring multiple foreign companies from directly or indirectly using a US remote control manufacturer’s trade dress based on the extraterritorial reach of the Lanham Act. However, the Court narrowed the scope of the worldwide injunction to countries where the US company currently markets or sells its products. Hetronic Int’l, Inc. v. Hetronic Germany GmbH, Case Nos. 20-6057, -6100 (10th Cir. Aug.
Lanham Act Reaches Foreign Defendants’ Extraterritorial Conduct, but Worldwide Injunction Too Broad
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Fifth Circuit Court Vacates Injunction Due to Lack of Notice
September 01, 2021 CMS Backs Off Price Transparency for Providers and Plans by: Theresa E. Thompson Missouri’s New Leave and Accommodation Law for Victims of Domestic or... by: Daniel Patrick Johnson Considerations for Employers Thinking about COVID-19 Vaccine Mandates by: Stephen W. Aronson and Natale V. Di Natale Federal Judge Refuses to Dismiss Action Seeking to Classify Student-... by: Gregg E. Clifton and John G.
11th Circuit: injunctive relief available even where laches bars trademark infringement and unfair competition damage claims
Returning user? Enter your details below to log into your account. E-Mail Address: Password: I am not on a shared computer, please remember me for my next visit. Want to read more? Register to access two of our subscriber only articles per month. Register Subscribe for unlimited access to articles, in-depth analysis and research from the World Trademark Review experts. Subscribe Hala Mourad McDermott Will & Emery
Objective Indicia of Nonobviousness for Design Patents: Same Nexus Requirement as Utility Patents
August 26, 2021 Objective Indicia of Nonobviousness for Design Patents: Same Nexus... by: Hala Mourad ESG: The Increasing Importance of Stakeholder Engagement by: Sahil Kanuga and Vyapak Desai Opportunity Economy: Risks in Antitrust Enforcement by: David B. Hamilton and Sarah Motley Stone Re-Classification of Promoters: An Inflection Point for India Inc.? by: Eshvar Girish and Harshita Srivastava ICYMI: EPA’s IRIS Program is Ramping up its Activity for chemicals,... by: Nancy B.
Objective Indicia of Nonobviousness for Design Patents: Same Nexus Requirement as Utility Patents | JD Supra
The US Court of Appeals for the Federal Circuit reversed two decisions by the Patent Trial & Appeal Board (Board), finding that a soup company and soup dispenser manufacturing company failed to prove the unpatentability of two design patents covering can dispensers. The Court also concluded that the analysis for objective indicia of nonobviousness for utility patents also applies to design patents. Campbell Soup Co. v. Gamon Plus, Inc., Case Nos. 20-2344, 21-1019 (Fed. Cir. Aug.
Publisher’s Co-Authorship Claim Arises Under Copyright Act, Invoking Exclusive Federal Jurisdiction | JD Supra
The US Court of Appeals for the Fifth Circuit reversed a district court’s dismissal of a copyright authorship dispute, finding that the district court had exclusive jurisdiction over the case because a book publisher’s claim of co-authorship arose under the federal Copyright Act, not state contract law. Di Angelo Publ’ns, Inc. v. Kelley, Case No. 20-20523 (5th Cir. Aug.
Publisher’s Co-Authorship Claim Arises Under Copyright Act, Invoking Exclusive Federal Jurisdiction
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Injunctive Relief Available Even Where Laches Bars Trademark Infringement, Unfair Competition Damage Claims
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Employment Agreement Assignment Provisions Don’t Reach Post-Employment Inventions | JD Supra
The US Court of Appeals for the Federal Circuit rejected a biotechnology company’s argument that assignment provisions in its employment agreements granted ownership rights in post-employment inventions. Bio-Rad Laboratories, Inc. v. Int’l Trade Comm’n, Case No. 20-1785 (Fed. Cir. Apr. 29, 2021) (Taranto, J.) 10X filed an International Trade Commission (ITC) complaint against Bio-Rad, alleging that Bio-Rad’s microfluidic systems infringed 10X’s gene sequencing patents.
Employment Agreement Assignment Provisions Don’t Reach Post-Employment Inventions
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Zero hero: disclaiming disputed term renders dispute moot
05 May 2021 @WTR_Alerts The next instalment of our Legal Updates series presents developments and decisions you may have missed from the Am… https://t.co/vtKlDZ8thB Read more 04 May 2021 @WTR_Alerts Each quarter WTR will be running a series of pieces presenting recent Legal Updates from different regions that you… https://t.co/8iQ0vqfrLa Read more 02 May 2021 @WTR_Alerts RT @patesalo_e: As large trademark events pivot to hybrid models, they are setting down foundations...
Zero Hero: Disclaiming Disputed Term Renders Dispute Moot | JD Supra
The Trademark Trial & Appeal Board redesignated as precedential a decision dismissing a beverage company’s opposition to trademarks using the term “ZERO” for zero-calorie drinks after the trademark applicant disclaimed the term ZERO in its pending applications, the sole remedy requested in the opposition. Royal Crown Co., Inc. v. The Coca-Cola Co., Opposition Nos. 91178927 (Parent Case); 91180771; 91180772; 91183482; 91185755; 91186579; and 91190658 (TTAB May 3, 2019) (redesignated precedential Mar.
Royal Crown Disclaiming Disputed Term Renders Dispute Moot
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First-to-File Rule Requires That Action Could Have Been Brought in Transferee Forum | JD Supra
After issuing a rare grant of a mandamus petition directing a district court to stay proceedings until ruling on a pending motion to transfer, the US Court of Appeals for the Federal Circuit denied a subsequent mandamus petition to compel transfer after that district court denied the transfer. In re SK hynix Inc., Case No. 21-114 (Fed. Cir. Feb. 25, 2021) (Taranto, J.) (non-precedential).
First-to-File Rule Requires That Action Could Have Been Brought in Transferee Forum
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Eight-Month Delay on Transfer Motion Ruling Is “Egregious,” Warrants Stay | JD Supra
The US Court of Appeals for the Federal Circuit issued a rare grant of a mandamus petition directing a district court to stay proceedings until ruling on a pending motion to transfer, stating that the district court’s eight-month delay in ruling on the motion while allowing substantive issues to proceed “amounted to egregious delay and blatant disregard for precedent.” In re SK hynix Inc., Case No. 21-113 (Fed. Cir. Feb. 1, 2021) (Moore, J.) (non-precedential).
Eight-Month Delay on Transfer Motion Ruling Is “Egregious,” Warrants Stay
February 10, 2021 Update: Maine Governor Proposes Conformity to Federal Treatment for... by: Jonathan Block and Olga J. Goldberg What Can Employers Expect from the Biden Administration? [PODCAST] by: Harris M Mufson and Evandro C Gigante D.C. Circuit Stays Litigation over EPA Rescission of California...
Second Circuit: no appellate jurisdiction to review post-verdict appeal of previously denied summary judgment motion
Returning user? Enter your details below to log into your account. E-Mail Address: Password: I am not on a shared computer, please remember me for my next visit. Want to read more? Register to access two of our subscriber only articles per month. Register Subscribe for unlimited access to articles, in-depth analysis and research from the World Trademark Review experts. Subscribe Hala Mourad McDermott Will & Emery
Special Report - 2020 IP Law Year in Review: Patents | JD Supra
In 2020, the US Supreme Court and Court of Appeals for the Federal Circuit continued to refine key aspects of intellectual property law on issues that will have an impact on litigation, patent prosecution and business strategy. This Special Report discusses some of the most important decisions. The Federal Circuit issued several panel decisions clarifying the bounds of patent-eligible subject matter in the area of life sciences and computer technology.
No Appellate Jurisdiction to Review Post-Verdict Appeal of Previously Denied SJ Motion | JD Supra
In a closely watched trademark/counterfeiting case, the US Court of Appeals for the Second Circuit affirmed a judgment for contributory infringement, award of permanent injunction and monetary damage award against a commercial landlord found to have been willfully blind to trademark infringement and counterfeiting occurring on its leased property. Omega SA v. 375 Canal, LLC, Case No. 19-969 (2d Cir. Jan. 6, 2021) (Menashi, J.) (Lohier, J., concurring in part, dissenting in part).
No Appellate Jurisdiction to Review Post-Verdict Appeal
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Sticky situation? Circumstantial evidence can support intent to confuse in trade dress claims
Returning user? Enter your details below to log into your account. E-Mail Address: Password: I am not on a shared computer, please remember me for my next visit. Want to read more? Register to access two of our subscriber only articles per month. Register Subscribe for unlimited access to articles, in-depth analysis and research from the World Trademark Review experts.
Sticky Situation? Circumstantial Evidence Can Support Intent to Confuse in Trade Dress Claims | JD Supra
The US Court of Appeals for the 11th Circuit reversed a district court’s grant of summary judgment for the defendant on trade dress infringement and trade dress dilution claims, finding that evidence relating to the likelihood of confusion was not viewed in the light most favorable to the plaintiff.
Sticky Situation? Circumstantial Evidence Can Support Intent to Confuse in Trade Dress Claims
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Significant Third-Party Discovery Too Complex for ITC Early Disposition Program | JD Supra
The US International Trade Commission (ITC) denied a proposed respondent’s request to use the early disposition program to determine whether a complainant met the domestic industry requirement in a Section 337 investigation. The ITC concluded that the issues proposed for resolution were too complex to be decided within 100 days of institution because significant third-party discovery was likely necessary.
Significant Third-Party Discovery Too Complex for ITC Early Disposition Program
Jay Reiziss has an active practice in Section 337 intellectual property investigations before the US International Trade Commission (ITC), US Trade Representative and Customs, as well as in US federal courts. From 1995-2007, Jay worked at the ITC, serving in the Office of General Counsel, the Office of Chairman Stephen Koplan and the Office of Unfair Import Investigations.
Non-Respondent’s Product Cannot Be Adjudicated for Infringement in Context of General Exclusion Order | JD Supra
The US International Trade Commission issued a general exclusion order (GEO) excluding from entry into the United States products infringing patents directed to luxury vinyl tile, but vacated findings in the Initial Determination (ID) adjudicating infringement for products belonging to entities not named as respondents in the investigation.
Non-Respondent’s Product Cannot Be Adjudicated for Infringement in Context of General Exclusion Order
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
By the Book: Unauthorized Material Doesn’t Forfeit Training Guide’s Copyright Protection | JD Supra
The US Court of Appeals for the Sixth Circuit affirmed a jury verdict in favor of a copyright owner in a lawsuit alleging infringement of the copyright in a home-services training manual, finding that the jury was correctly instructed that a work’s incorporation of some copyrighted content does not invalidate the copyright in the work’s original parts. Hiller LLC v. Success Grp. Int’l Learning Alliance LLC, Case No. 19-6115 (6th Cir. Sept. 23, 2020) (Suhrheinrich, J.).
By the Book: Unauthorized Material Doesn’t Forfeit Training Guide’s Copyright Protection
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Unnamed Respondent Has Standing To Seek Rescission Of ITC General Exclusion Order
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Unnamed Respondent Has Standing to Seek Rescission of ITC General Exclusion Order | JD Supra
The US Court of Appeals for the Federal Circuit affirmed a US International Trade Commission (ITC) decision denying a petition for rescission of a general exclusion order (GEO) prohibiting importation of products accused of patent infringement, because a post-investigation invalidity attack is not a changed condition warranting rescission. Mayborn Grp., Ltd. v. Int’l Trade Comm’n, Case No. 19-2077 (Fed. Cir. July 16, 2020) (Lourie, J.).
Unnamed Respondent Has Standing to Seek Rescission of ITC General Exclusion Order
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Reliance On Common Sense Permitted In Obviousness Analysis
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Reliance on Common Sense Permitted in Obviousness Analysis | JD Supra
The US Court of Appeals for the Federal Circuit affirmed a final written decision from the Patent Trial and Appeal Board (PTAB) finding patent claims directed to aircraft lavatories obvious based on prior art because a skilled artisan would have used common sense to incorporate a missing limitation into the prior art. B/E Aerospace, Inc. v. C&D Zodiac, Inc., Case Nos. 19-1935, -1936 (Fed. Cir. June 26, 2020) (Reyna, J.).
Reliance on Common Sense Permitted in Obviousness Analysis
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Advertising Falls within Commercial Activity Exception to Sovereign Immunity | JD Supra
The US Court of Appeals for the Second Circuit affirmed a district court’s denial of a motion to dismiss a copyright infringement suit on the ground of sovereign immunity, holding that advertising activity in the United States on behalf of a sovereign government falls within the commercial activity exception to sovereign immunity. Pablo Star Ltd. v. Welsh Gov’t, Case No. 19-1262 (2d Cir. June 8, 2020) (Lynch, J.). Pablo Star is a company registered under the laws of Ireland and the United Kingdom.
Advertising Falls Within Commercial Activity Exception To Sovereign Immunity
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Advertising Falls within Commercial Activity Exception to Sovereign Immunity
The US Court of Appeals for the Second Circuit affirmed a district court’s denial of a motion to dismiss a copyright infringement suit on the ground of sovereign immunity, holding that advertising activity in the United States on behalf of a sovereign government falls within the commercial activity exception to sovereign immunity. Pablo Star Ltd. v. Welsh Gov’t, Case No. 19-1262 (2d Cir. June 8, 2020) (Lynch, J.). Pablo Star is a company registered under the laws of Ireland and the United Kingdom.
Advertising Falls within Commercial Activity Exception to Sovereign Immunity
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Double Meaning Can Make Mark Distinctive | JD Supra
The US Court of Appeals for the Eleventh Circuit reversed a district court’s grant of summary judgment invalidating a service mark for lacking distinctiveness, finding that a reasonable jury could understand the mark to entail a double meaning and therefore making it sufficiently distinctive to receive trademark protection. Engineered Tax Servs., Inc. v. Scarpello Consulting, Inc., Case No. 18-13690 (11th Cir. May 14, 2020) (Newsom, J.).
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