APRIL 11, 2019
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In house attorneys looking for a better way to organize, vet and easily retrieve legal news created the National Law Review on-line edition.

Around the clock, the National Law Review's editors screen and classify breaking news and analysis authored by recognized legal professionals and our own journalists.

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A Discovery Master in Limestone Memory Systems LLC v. Micron Tech., Inc. pending in the Central District of California recently provided additional guidance to practitioners and patent owners on this important question.  The report, issued on February 19, 2019, sustained in part the plaintiff Limestone’s privilege and work product assertions related to pre-acquisition analysis of the asserted patents conducted by Acacia, Limestone’s parent company.     More on Protected Materials Here>
One of the biggest trademark cases in 2018 addressed the issue of secondary meaning in product design—specifically, Converse’s rights in its signature Chuck Taylor® All Star® shoe. In Converse v. ITC, the Federal Circuit reversed a ruling by the International Trade Commission (ITC) that Converse’s registration was invalid and it did not own common law rights in the mark. The Federal Circuit held that the ITC had applied an incorrect standard in its ruling.  Read More on the case Here>
While still an emerging technology, more companies are implementing blockchain technology to manage supply chains, track goods, prevent counterfeiting, increase security, and ensure traceability. In a recent survey of global leaders, by auditing and financial services company KPMG, 48% of respondents stated they believe it is highly likely that blockchain will change the way their companies do business over the next three years, and 41% stated their company intends to implement blockchain technology during the next three years.   More on the Fashion & Food Industry Here>
In Cards Against Humanity v Vampire Squid Cards, the Trademark Trial and Appeal Board (TTAB) in February addressed the issue of the availability of acquiescence as a defence in an opposition proceeding.  Vampire Squid Cards had filed an application to register the stylised mark ‘Crabs Adjust Humidity’ in connection with card games and game cards. Cards Against Humanity, which sells a popular card game under the ‘Cards Against Humanity’ mark, opposed the application on the grounds of priority and likelihood of confusion as well as dilution and a false sense of connection. In defence of such claims, Vampire Squid Cards proffered an argument based on the concept of estoppel by acquiescence.  More on the TTAB Guidelines Here>
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