Home It v. Wupin Wen, et. al., 19-cv-7070 (MK) (EDNY December 26, 2019)

Plaintiff Home It alleges it has made common law use of the mark SAGANIZER for various home organizing products since 2015. It has not filed a trademark application. Defendant WuPin Wen of Guangdong, filed a U.S. application for SAGANIZER for various housewares

INTA Position: The Court should remand the case to the district court for fact finding on whether the defendant is advertising, distributing, and/or offering goods that are potentially infringing or counterfeit and clarify the use in commerce, pursuant to 15 U.S.C. § 1114, includes more than the act of selling goods. 

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woot woot. Congratulations to my colleagues Rob Isackson, Matt Kaufman, Henry Gabathuler, Hoda Rifai-Bashjawish, Leana Lorenzana, and Natania Buchbinder. After prevailing at summary judgement that it had not infringed plaintiff’s patent claims, our client Repro-Med Systems Inc. was awarded $992k in fees. We now have legal holdings that Rob is a ‘seasoned patent litigator’ and

Well, maybe I’ve overstating it. In a turn of events suspected by some, but nevertheless surprising, the CAFC has ruled that the judges of the PTAB are not appointed properly under the Appointments Clause of Article 2. As ‘principal officers,’ PTAB judges should be appointed by the President, and confirmed by the Senate. Presently, PTAB

Plaintiff alleges use of the logo on the left for mobile banking services, defendant Facebook is allegedly using the logo on the right to promote its upcoming CALIBRA digital wallet. Both parties used the same design firm.

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This defamation suit involves a gun-control editorial published by the NY Times, which argued that a “link to political incitement was clear” between an ad circulated by Sarah Palin’s PAC depicting a map of congressional districts with a crosshair over certain ‘targeted’ districts, and the shooting of Congresswoman Gabby Giffords’, whose district had been depicted.