Opinions Filed in November 2011
American Express Marketing and Development Corp. and American Express Travel Related Services Co. Inc. v. Black Card LLC
Trademarks: Even if a plaintiff has a registered trademark, the trademark can be cancelled if it is found that the mark is not inherently distinctive and lacks secondary meaning.
(Filing Date: 11-17-2011)
Copyright: In order to succeed in a copyright infringement action, a plaintiff must show a substantial similarity exists between the defendant’s work and the protected elements of the plaintiff’s work.
(Filing Date: 11-16-2011)
Patents: “A willful infringement determination requires” that “a patentee must show by clear and convincing evidence that the infringer acted despite an objectively high likelihood that its actions constituted infringement” and if that is met that the “objectively-defined risk was either known or so obvious that it should have been known to the accused infringer”
(Filing Date: 11-14-2011)
Patents: For computer-implemented procedures, the actual computer code does not need to appear in the specification, the algorithm may be described in words sufficient to allow one of ordinary skill in the art to implement the algorithm.
(Filing Date: 11-04-2011)
Trademarks: When counterfeit products are sold in direct competition with a product they will be found to have a significant impact on interstate commerce.
(Filing Date: 10-21-2011)