Patent and Trademark

In-N-Out v. Smashburger

In-N-Out v. Smashburger. In a lawsuit filed on August 30th, In-N-Out has accused the fast food chain Smashburger of causing consumer confusion with their latest advertising campaign. In-N-Out has a number of registered marks the most relevant being DOUBLE-DOUBLE, TRIPLE TRIPLE, and 2 X 2. The action, filed in the Central District of California, alleges that these marks are being infringed by Smashburger’s advertisements promoting the SMASHBURGER TRIPLE DOUBLE. Smashburger filed for their own trademark in November of last year. The Examining Attorney approved but that application is currently being opposed by In-N-Out as well. #burgers #trademarks #InNOut #Smashburger #omnilegalgroup

Trademark Fraud

The leader of one of the most notorious trademark scams in recent years has been sentenced to 8 years in prison for sending out thousands of solicitations designed to confuse recipients into thinking they were official government documents.  Artashes Darbinyan, a Glendale resident, defrauded unsuspecting trademark applicant’s out of at least $1.6 million dollars for “trademark monitoring services” that were never rendered. Sadly, this practice is not uncommon. Because trademark applications are so readily accessible online, there are numerous companies, which “troll” the trademark applications database and send solicitation letters for services related to trademarks. These letters should be taken as advertisements and it is not recommended that you use their services.  However, because they are designed to look as though they are from the USPTO, many recipients are tricked into thinking they have no choice but to remit payment.  Hopefully, this verdict will send a message to those seeking to defraud unwitting applicants, and put an end to an unscrupulous practice that has gone unchecked for too long. #omnilegalgroup #trademarklaw #fraud

Motorola Patent

Motorola files patent application for a phone that can repair its own screen. The application details a method and device for detecting fascia damage and repairing it. How it would work is by way of thermal elements imbedded within the screen itself that, when activated, would heat up and repair the cracked surface. Modern electronic devices comprise ever-increasing screen sizes, which are prone to damage when dropped. As part of the repair process, an application within the phone would be used to assess the damage prior to initiating a repair. That patent also discusses a docking station that would charge the device as it is being repaired, because the repair process could take a significant amount of time. A number of recent patent filings have demonstrated that technological advances for mitigating repair costs are gaining popularity. Given the significant reduction in mobile phone subsidies, these innovations will certainly be well received by consumers. #omnilegalgroup #patent #Motorola #mobilephonepatent

A New Tesla Patent

Tesla has patented a device that can improve EV battery safety after a collision. The safety of lithium-ion batteries in the event of a collision is frequently called into question, but Tesla is hoping to quell these concerns with their special “pyrotechnic disconnect” safety device. The patent states that their pyrotechnic disconnect can quickly sever all electrical connections between their battery pack and motors, which will reduce the risk of harm to occupants after an accident. This disconnect would need to interrupt a very large current using a housing with a combustion chamber inside and a pyrotechnic charge within. It’s not clear yet whether this patented technology will be licensed to other automakers, but it’s reassuring to see a carmaker taking proactive steps to ensure the safety of vehicle occupants and pedestrians alike. #omnilegalgroup #patent #Tesla

Did You Know…?

Nick Woodman founded the GoPro camera in 2002 as a great way to record footage while on a surfboard. His desire was to create a wearable camera that would allow him to capture himself and friends while out on the water. Initially, the camera company was called Woodman Labs. In 2004, the company sold its first camera, which was a 35mm unit called the Hero. They coined the phrase “GoPro Be A Hero” and later became known as GoPro Inc. Today they have a variety of offerings to satisfy any action seeker and have succeeded in their effort to merge sports &  technology.

Amazon Has Fashion On Its Mind

The king of supply chain logistics has made its way to the way you and came up with a fashionable idea for cutting the cost of making clothes. Amazon was recently awarded a patent for what they call “on-demand-apparel-manufacturing” that will create or make your clothing once it has been ordered. The Patent has the software designed to collect clothing orders internationally and then derives a way to fulfill them.

Also, stated in the patent, “the orders can be organized by the computing environment into one or more groups of orders based on one or more productivity factors like size, shape, fabric type, or delivery location for the textile products.” On-demand or fast fashion is taking over the country and is an affordable way to consume clothing.

If the disclosures in the patent are any indicator of future plans, Amazon intends to expand beyond on-demand manufacturing and dive into other items such as fabric products, accessories, footwear, bedding, curtains, towels, especially in a variety of different materials, but not limited to paper, plastic, leather etc. Just last year, Amazon came out with seven in-house fashion brands and some experts believe it is on its way to becoming the biggest clothing retailer in the U.S. They also debuted a fashion tool namely, Outfit Picker, that even helps its Prime members choose what to wear. The company also launched a TV ad campaign for $15 million that featured fall fashions from Amazon.com.

Apple Patent

Apple continues to wow us with yet another patent that provides insight into what they are working on. The company has invented a way to secretly call 911 using your fingerprint. The 911 patent was granted on technology that will sense the manner you are holding your phone in order to trigger the 911 call. Once the panic command is activated, the phone would provide the users’ location to responders and could also livestream audio or video off the iPhone. With this patented technology, if an attacker requires the user to unlock the phone, the user could comply and put in a combination such “thumb-pinky-thumb,” and that would unlock the phone, but also call the police. The technology isn’t available yet, but this feature would build on the already SOS feature recently added to the Apple Watch to help support emergency calling. #patent #omnilegalgroup #intellectualpropertylaw #apple #iOS

Did You Know?

In April 2011, Even Spiegel floated the Snapchat idea in front of his class as a final project, the classmates focused on the temporary aspect of the potential product, and started the thought of temporary photos. Bobby Murphy was eventually brought into the project to write the source code for the application, and Picaboo first launched as an iOS-only app in July 2011. The application was relaunched in September 2011 under the name Snapchat.

Sax Patent

On this day in 1846, the first patent to a Saxophone was issued to Antoine Joseph Sax. Born Adolphe Sax in 1814, he was awarded French Patent #3226 for his novel apparatus illustrated below in a family of 8 different embodiments. Over the years, Sax was attributed to producing and improving upon a number of different instruments. However, none of them gained the same level of acceptance and commercial success as the Saxophone.#Saxophone #patent #omnilegalgroup #internationalpatentlaw