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15 October 2020PatentsJulia Anne Matheson

A sticky mess: Pocky ruling further splits the circuits

Last week, the Court of Appeals for the Third Circuit issued a simplistic decision on product configuration trade dress that, if adopted, could effectively eliminate most trade dress claims within that circuit. The Third Circuit’s decision is troubling on multiple levels.

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Trademarks
1 June 2010   Online auction company eBay does not infringe Tiffany’s trademarks when it hosts auctions of counterfeit goods, the US Court of Appeals for the Second Circuit ruled in April.
Patents
11 July 2017   The US Court of Appeals for the Federal Circuit has part-affirmed and part-vacated a USPTO Patent Trial and Appeal Board decision covering a patent dispute between by mobile patent licensor IPCom and HTC.
Trademarks
2 November 2021   The US Supreme Court won’t reconsider a precedential ruling on trade dress protection against the makers of Pocky biscuits.