Determining Trademark Confusion with DuPont Factors

Forty years ago, people were dancing to Stayin Alive by the Bee Gee’s, munching on Reese’s Pieces for the first time, and watching John Travolta & Olivia Newton-John in Grease, and Jamie Lee Curtis in Halloween (the first one!).  A lucky few were playing Space Invaders on their Atari 2600, or DOS-based games on their Apple II computer; and the iPhone was not yet a glint in Steve Jobs’ eye.  Coincidentally, forty years ago the mark “GUILD INVESTMENT MANAGEMENT” (GIM) was being used by Guild Investment Management, Inc. for investment advisory services while the mark “GUILD MORTGAGE COMPANY” (GMC), owned by Guild Mortgage Company (Guild), was being used for mortgage banking services.[2]  Nevertheless, decades later an application for the GMC mark in International Class 36 was refused by the Examiner, who argued that there was a likelihood of confusion with the GIM mark because “the marks, nature of the services and trade channels were similar.”[3]  The Trademark Trial and Appeal Board agreed, despite finding that “consumers ‘may exercise a certain degree of care in investing money, if not perhaps in seeking a mortgage loan.’”[4]  Guild appealed to the Federal Circuit.

Obviousness, Prodrugs and the Rule of 5: Amerigen Pharmaceuticals Limited v. UCB Pharma GmbH

In Amerigen Pharmaceuticals Limited v. UCB Pharma GMBH, 2017-2596 (Fed. Cir. January 11, 2019), the Federal Circuit upheld the Board’s IPR finding that claims 1-5 and 21-24 of UCB’s U.S. Patent 6,868,650 were not obvious.[1]  The patent claims cover Toviaz® (Fesoterodine), an antimuscarinic drug to treat urinary incontinence.[2]  Judge Lourie included a remark […]

Rising Carbon Dioxide Levels: Capture Methods & Patent Trends

Recent data from NOAA, the National Oceanic and Atmospheric Administration, indicates that current atmospheric carbon dioxide (CO2) levels are at 409 ppm as of October 2018. This is a 36% increase from the highest historical CO2 level,1 and is increasingly being attributed to human activity, namely fossil fuel combustion in power generation, […]

Assignor Estoppel & Inter-Partes Review: Arista Networks, Inc. v. Cisco Systems, Inc.

Arista Networks, Inc. (Arista) petitioned for an IPR of Cisco Systems, Inc.’s (“Cisco”) patent, U.S. 7,340,597, relating to protecting computer network systems from outside attack using a logging module.[1] Claims 1 and 29 are as follows: 1.An apparatus comprising: a communications device comprising: a subsystem; and a logging module, coupled to […]

The A-B-C’s of R-N-A-i: Therapeutic Applications and §101 Implications

Now that the first RNA interference (RNAi)-based therapeutic, ONPATTROTM (patisiran, developed by Alnylam Pharmaceuticals), recently received FDA approval, it is not surprising that such drugs are gaining considerable attention.  However, the underlying technology has been around for quite some time.  Craig Mello and Andrew Fire won the 2006 Nobel Prize in […]