November 28, 2018

Federal Circuit Court Decisions For Week Ending November 2, 2018

Converse, Inc. v. ITC, No. 16-2497, October 30, 2018, precedential (2-1), U.S. Trademark Registration No. 4,398,753 (“‘753 mark”).

Key point(s): 

  • The owner of a registered mark is entitled to a presumption of validity, including a presumption that the mark has acquired secondary meaning. However, the presumption that a registered mark had acquired secondary meaning does not apply to alleged infringement that began before registration of the mark.

GoPro, Inc. v. Contour IP Holding, LLC, Nos. 2017-1894, 2017-1936, November 1, 2018, precedential (3-0), U.S. Patent Nos. 8,890,954 (‘954) and 8,896,694 (‘694).

Key point(s): 

  • A reference is publicly accessible if it is made available to the extent that persons interested and ordinarily skilled in the subject matter or art exercising reasonable diligence could locate it. The target audience at a conference can be a factor in determining public accessibility of a document but is not dispositive.

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