商標登録insideNew: Seventh Circuit Sides with Plaintiffs in Parmesan Cheese Claims | National Law Review

The Seventh Circuit recently reversed a district court’s dismissal of a class action false advertising complaint, holding that an ingredient list’s disclosure of components other than parmesan cheese did not foreclose the possibility of reasonable consumers being deceived by a “100% Grated Parmesan Cheese” front label claim.

情報源: Seventh Circuit Sides with Plaintiffs in Parmesan Cheese Claims

続きを読む“商標登録insideNew: Seventh Circuit Sides with Plaintiffs in Parmesan Cheese Claims | National Law Review”

商標登録insideNews: Major Changes To Trademark And Copyright Law Included In Massive Stimulus Package | Fox Rothschild LLP – JDSupra

Signed into law on December 28, the voluminous Consolidated Appropriations Act of 2021 makes major changes to American intellectual property laws via its inclusion of the Trademark Modernization Act of 2020 (TM Act); the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act); and an amendment to Title 18 of the United States Code that adds Section 2319C titled “Illicit digital transmission services.”

情報源: Major Changes To Trademark And Copyright Law Included In Massive Stimulus Package | Fox Rothschild LLP – JDSupra

H. R. 2426(pdf)

Summary of H.R.2426 CASE ACT
Passed House (10/22/2019)
Copyright Alternative in Small-Claims Enforcement Act of 2019 or the CASE Act of 2019

This bill creates the Copyright Claims Board, a body within the U.S. Copyright Office, to decide copyright disputes. Damages awarded by the board are capped at $30,000.

Participation in board proceedings is voluntary with an opt-out procedure for defendants, and parties may choose instead to have a dispute heard in court. If the parties agree to have their dispute heard by the board, they shall forego the right to be heard before a court and the right to a jury trial. Board proceedings shall have no effect on class actions.

The board shall be authorized to hear copyright infringement claims, actions for a declaration of noninfringement, claims that a party knowingly sent false takedown notices, and related counterclaims.

The bill provides for various procedures, including with respect to requests for information from the other party and requests for the board to reconsider a decision.

The board may issue monetary awards based on actual or statutory damages.

The parties shall bear their own attorneys’ fees and costs except where there is bad faith misconduct.

A board’s final determination precludes relitigating the claims in court or at the board. Parties may challenge a board decision in federal district court only if (1) the decision was a result of fraud, corruption, or other misconduct; (2) the board exceeded its authority or failed to render a final determination; or (3) in a default ruling or failure to prosecute, the default or failure was excusable.

商標登録insideNews: Trademark Modernization Act of 2020 | Lathrop GPM – JDSupra

商標登録insideNews: Toyota ‘Grand Highlander’ Trademark Might Mean Big Things … Literally | motortrend.com

The Toyota Highlander SUV might just gain a larger, long-wheelbase stablemate. According to Merriam-Webster, the word “grand” is defined as “having more importance than others” or as “large and striking in size.” Toyota’s trademark filing for “Grand Highlander” signals the possible arrival of a new Toyota Highlander variant that fits both definitions.

情報源: Toyota ‘Grand Highlander’ Trademark Might Mean Big Things … Literally

続きを読む“商標登録insideNews: Toyota ‘Grand Highlander’ Trademark Might Mean Big Things … Literally | motortrend.com”