Benjamin Appelbaum, Attorney at Law

Posts tagged "Intellectual Property Litigation"

Judge rules in Melissa McCarthy R-rated Muppets case

Moviegoers in New Jersey and around the country will continue to see trailers for R-rated film featuring puppet characters similar to those created by Jim Henson. Sesame Workshop filed a lawsuit on May 21 claiming that the trailers, which feature the tagline 'NO SESAME. ALL STREET," are tarnishing valuable intellectual property by depicting beloved children's characters taking drugs, using foul language and behaving violently. However, a New York federal judge was unconvinced by these arguments and ruled that the trailers could continue to be used to promote Melissa McCarthy's upcoming film.

Samsung heads to court again in patent infringement case

New Jersey residents who have been following the long court battle between Samsung and Apple might be interested in learning that the two companies will again head to court for a retrial on damages in Apple's patent lawsuit win. The original patent infringement lawsuit was filed by Apple against Samsung in 2011, and a jury awarded a verdict in Apple's favor in 2012 in the amount of $1.02 billion.

Fashion giants conclude long intellectual property dispute

New Jersey shoppers may have long been fans of two brands that have been locked in a trademark dispute for nine years. Gucci and Guess reached an agreement in April 2018 to end their lengthy legal issues over Guess' logo and diamond pattern. Gucci alleged that the logos were knockoffs of its own distinctive, trademarked pattern. In their settlement, the two companies announced that they had concluded all international property law and trademark matters.

Supreme Court upholds inter partes review

To battle so-called patent trolls, Congress passed the America Invents Act to create a process known as inter partes review. Proponents of the law were dealt a victory in April when the United States Supreme Court upheld the process as constitutional. This rule change has significant implications for New Jersey inventors as the process is a helpful tool in fighting bogus patent lawsuits.

Pretrial settlement resolves dispute about gene-silencing biotech

Trade secrets represent important assets to companies in New Jersey. Legal cases often reflect the value of intellectual property, like the battle between Dicerna Pharmaceuticals Inc. and Alnylam Pharmaceuticals Inc. The companies just announced a settlement involving allegations of unfair business practices and misappropriation of trade secrets. Dicerna has agreed to pay Alnylam $15 million plus stock.

An old trademark is involved in a new lawsuit.

A trademark of one of America's most beloved sitcoms is currently the subject of a federal lawsuit. The term 'Desilu" is currently the basis of a federal lawsuit against a network, more than a half-century after the run of the TV show. As the case has a number of issues involved, it should be an interesting case to watch in the Intellectual Property Law field.

Microsoft takes legal action in licensing case

Many people and businesses have experience with Microsoft products. This was true for Community Health Systems based in Franklin, Tennessee. However, it may have used its products in a potentially illegal manner. Microsoft has sued Community Health Systems for willful breach of contract as well as willful copyright infringement. According to a license agreement between CHS and Microsoft, CHS cannot rent, lease or lend Microsoft software.

Match Group sues Bumble for alleged patent infringement

Many New Jersey residents use dating websites. Now, a lawsuit that was filed in March by Match Group, the parent company of Tinder, alleges that Bumble infringed on Tinder's patents in its dating site.

What to do when a trademark is infringed on

New Jersey companies and businesses throughout the country build themselves by creating a brand identity. Part of a brand's identity is its name, and that name can be protected by a trademark. It is possible that another company will try to infringe on the trademark either inadvertently or intentionally. Prior to taking any action to protect a trademark, it is important to know that it has actually been infringed upon.

Avoiding problems when launching new websites

New Jerseyans who plan to launch new websites should take care to avoid certain types of common intellectual property pitfalls. Conducting proper due diligence prior to starting a new website can help to save people and companies substantial costs.

Benjamin Appelbaum, Attorney at Law - Intellectual Property

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