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October 2015 Archives

Online retailer Amazon prevails in trademark dispute

A appellate court in California ruled on Oct. 21 that did not violate the trademarks Multi Time Machine Inc. by displaying a variety similar products when shoppers on the popular online retailer's website searched for an MTM watch. The ruling by the U.S. Court of Appeals for the 9th Circuit reverses a previous ruling that the court had made, which allowed a lawsuit brought by MTM against to proceed.

Appeals court rules in favor of Google Books

With so much information available on the Internet, many people in California search for the books they want to read online. Now, Google is attempting to scan and digitize every single book that exists. While most would agree that the Google Books project is ambitious, there is disagreement over whether the project is legal under copyright law.

Asian-American rock band The Slants fights for trademark

California music fans may be interested to learn about an ongoing legal battle involving a West Coast band called The Slants. The Asian-American rock band has been fighting to trademark its name after the United States Patent and Trademark Office refused to issue it a trademark. While some people view the band's name as disparaging, the band says that it has a right to trademark its name.

Parameters governing patent infringement

Generally speaking, patent owners in California are expected to understand the parameters involved with filing an infringement claim on time. SCA Hygiene's lawsuit against First Quality Baby Products over adult diapers underscores the importance of timeliness when attempting to protect a patent from infringement. According to the decision levied by the U.S. Court of Appeals for the Federal Circuit, a viable defense for the accused infringer may be the legal doctrine of laches.

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Costello Law Corporation
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