‘Tis the Season to Patent Christmas Decorations

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As Americans are expected to spend nearly $6 billion on Christmas decorations this year, inventors flock to the patent office to carve out market exclusivity for their own renditions of the same. Indeed, the first patented artificial Christmas tree was issued in 1911 claiming a trunk upon which twisted wires are attached and arranged to simulate natural tree branches. In 1927, another tree patent was issued that depicts an artificial tree resembling those sold today. There also exists a number of patents relating to live trees. One entitled “Trunk Mounted Christmas Tree Water Level Measuring and Alarm Device” indicates to…
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Disney Tries to Knock Out Knock-Off Characters

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In a two year-long battle with Disney, Marvel, and Lucas Film, Characters for Hire recently filed a motion for summary judgment asking the district court to find in its favor. The internet based entertainment-for-hire company was sued by Disney back in 2016 for allegedly infringing its iconic character trademarks. More specifically, Disney claims Characters for Hire is a “knock-off business…built upon the infringement of Disney’s highly valuable intellectual property rights.” The party entertainment company uses characters such as Mickey Mouse, Snow White, Iron Man, Captain America, Luke Skywalker, and Chewbacca in its appearances at themed events. Characters for Hire particularly…
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Omni Legal Group would like to welcome Lara Petersen to its practice

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After being sworn in to the California Bar earlier this week, Ms. Petersen will join the firm full-time as an Associate Attorney. Ms. Petersen earned her Juris Doctorate from Chapman University Dale E. Fowler School of Law, where she served as a Student Ambassador, Associate Editor of the Nexus Journal of Law and Policy, and two-term President of the Intellectual Property Law Society. While at Chapman, she was awarded a full-tuition merit scholarship and the CALI Excellence for the Future Awards in Patent Law & Practice, Pre-Trial Intellectual Property Litigation, Information Privacy Law, Legal Analysis Workshop, Torts, and Selected Topics…
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Did you know?

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A company called NKOR is currently in the process of raising capital and developing a new application of blockchain technology and intellectual property. Blockchain technology allows registration of information in a secure, transparent, and efficient environment. Participants can transact data directly between one another without the need for intermediaries. The system first authenticates the uploaded data, which is then linked to a particular transaction and timestamped. The system also tracks any sharing of the data by other entities, providing a system for artists and inventors alike to share their works and immediately detect any infringing use. Copyright infringement is prominent…
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TiVo and IP Protection: 1, Comcast: 0

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A recent decision by the United States International Trade Commission constitutes a victory for the country’s intellectual property system. The ITC found set top boxes used by Comcast to be infringing TiVo’s patent rights. TiVo sued Comcast when the cable provider decided it would no longer pay to license TiVo’s patented technology but would instead use it for free. Meanwhile, other cable companies would continue to pay to license this technology from TiVo. The technology at issue is based on two patents that essentially allow viewers to use their smartphones to control their set top boxes. U.S. Patent No. 8,006,263…
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Apple Patents Smart Flip Phone

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Apple recently filed an application with the United States Patent and Trademark Office for a bendable electronic device with a flexible display. This application suggests the tech giant is keen to manufacture a foldable smartphone but mentions the technology can be used on any type of electronic device with a display including laptop computers, tablet computers, wristwatches, or other gadgets. The claimed device contains a display that would fold along its axis allowing it to bend in two ways allowing it to be opened like a book or propped up on half of its screen. This application is amongst news…
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Carving Out Patent Rights for Turkey-Related Inventions

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After a year of struggle following their initial arrival at Plymouth Rock in 1620, the Pilgrims finally had a fruitful harvest due to the help of the Native Americans. To celebrate, the Pilgrims invited their Native American friends to a feast and Thanksgiving was born. In the spirit of this struggle faced by the Pilgrims, many inventors have concocted various methods and apparatuses to ease the struggle facing modern chefs. For instance, Alan B. Rogers et al. disclosed a method for preparing a frozen stuffed fowl in U.S. Patent No. 2,928,748, describing a poultry-stuffing process. Similarly, Peter A. Sieczkiewiz patented…
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Lululemon’s Design Patents v. Amazon’s New Line of Athleisure Attire

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Amazon.com Inc. recently announced its intention to make a foray into private-label athletic attire. While Lululemon already faces competition from brands such as Nike, Under Armour, Athleta, as well as others, the e-commerce company may pose a novel threat with its price-driven strategy. Moreover, in order to manufacture this new line of sportswear, Amazon has contracted Eclat Textile Co., a top Lululemon supplier that helped the yoga-pant giant create its signature Luon fabric as well as newer materials. This may prove problematic for Lululemon as it lacks the proper intellectual property protection to halt Amazon from invading its market. Not…
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Supreme Court Will Hear Oral Arguments This Month in Case Determining Constitutionality of Inter Partes Review

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On the 27th of this month, the Supreme Court will hear Oil States Energy Services’ argument that the inter partes review (IPR) process for patent challenges is unconstitutional. The controversy originated in 2012 when Oil States sued Greene’s Energy Group LLC for infringement of its hydraulic fracturing patent and Greene’s countered by initiating an IPR proceeding that resulted in the invalidation of Oil States’ patent. Inter partes review (IPR) is a procedure conducted by the Patent Trial and Appeal Board (PTAB) in which previously granted patents are reexamined for validity, based on challenges of novelty and/or obviousness. Since its inception…
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Omni Legal Group’s Second Video in Intellectual Property Series

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http://www.youtube.com/watch?v=tMHfFH7fWrM Hi and welcome to another in the Omni Legal Group’s video series on intellectual property. My name is Omid, I’m a patent attorney and we are at Club Sportiva’s beautiful Silicon Valley clubhouse to talk more about intellectual property and exotic cars. So there are different kinds of intellectual property for protecting different kinds of ideas. Trademarks are used to protect brands, like McLaren and Dodge, whereas patents are used to protect inventions, like this eye-catching door mechanism. Let’s go for a ride and talk more. Patent applications are generally filed by a patent attorney. A patent attorney is…
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