09/19/2018

CHARLES ELLIOTT MITCHELL 1889-1891

Born May 11, 1837, at Bristol, Connecticut, Charles Elliott Mitchell was of ancestry prominent in the history of New England, being descended on his father's side from William Mitchell, a soldier of the Revolutionary War, and on his mother's side from the Rev. Thomas Hooker, founder of the Connecticut colony, which, according to the historian John Fiske, "marked the beginnings of American democracy."

09/19/2018

CHARLES ELLIOTT MITCHELL 1889-1891

Born May 11, 1837, at Bristol, Connecticut, Charles Elliott Mitchell was of ancestry prominent in the history of New England, being descended on his father's side from William Mitchell, a soldier of the Revolutionary War, and on his mother's side from the Rev. Thomas Hooker, founder of the Connecticut colony, which, according to the historian John Fiske, "marked the beginnings of American democracy."

09/17/2018

Compensation for Non-pecuniary Damage of Trademark Infringement in Taiwan

Judge Jr-Da Fan

Trademark refers to the texts or signs that specific enterprises use to distinguish their products or services from those of other enterprises. For example, the name “Windows” indicates the computer operating systems developed by Microsoft, and “McDonald’s” refers to the hamburgers and other fast food produced by a specific restaurant brand. For a trademark to distinguish the products or services of one enterprise from those of others, the brand trademark established by that enterprise must not be imitated by others. For example, if other companies are allowed to sell fast food under the name McDonald’s, this damages the food-selling interests of the original company. Moreover, if the goods or services labeled under specific trademarks do not maintain their favorable quality, then consumers do not associate their past positive experiences with present purchase perceptions, thereby lowering their intention to purchase the goods or services of the original brands at higher prices. Therefore, when enterprises establish a valuable trademark and cultivate associations of goodwill with it, they must not lower the quality of their goods or services, to protect their investment in the trademark. Therefore, in trademark infringement litigation, if trademark infringement is proven or if the trademark used by the defendant has a likelihood of being confused with that of the plaintiff, irreparable damage to the goodwill associated with the plaintiff’s trademark can often be accounted, because trademark infringement is a type of continuous infringement with an irreparable nature.

09/12/2018

BENTON J. HALL 1887-1889

As a young man, having received but a limited collegiate and academic training, Benton J. Hall was greatly stimulated and broadened by the potent influence of a class of men, newcomers into Iowa in the decade and a half preceding the Civil War, by whom he was soon to be accepted as an equal and afterwards recognized as a leader. The influence of this galaxy of luminaries colored Mr. Hall's whole life and included men destined to become Senators, Cabinet members, Federal judges, and Supreme Court Justices.

Benton J. Hall, another in the long list of the sons of Ohio who achieved promise, was born January 5, 1835, at Mt. Vernon in that state. The father took his family to Iowa in 1840 and became very prominent in governmental affairs of the state, being one of the first Justices of the Iowa Supreme Court. Young Hall followed in his father's footsteps, and the many eulogies bestowed upon the father were later merited and won in an equal or even greater degree by the son.

09/10/2018

Krafting TC Heartland: A Legislative Response to Venue Shopping

Antonio DiNizo

In the world of patent litigation, the Eastern District of Texas reins king with nearly forty five percent of all patent infringement cases nationwide filed within the district in 2015. While being a small relatively obscure area of Texas, the Eastern District and its courthouse in Marshall, Texas have developed a reputation for attacking some of our country’s biggest corporations and well-respected patent litigators.

In recent years, the Eastern District of Texas has come under increased scrutiny for attracting a special kind of patent owner, Non-Practicing Entities (“NPEs”) or patent troll. While the Supreme Court’s decision in TC Heartland v. Kraft Foods significantly restricts the ability for NPEs to pursue litigation in the Eastern District of Texas, this Note explores how Congress could craft a legislative solution to prevent abusive NPE litigation.

09/04/2018

The Wright Brothers: Would Their Patent Survive Today’s Patent Law Rigors? Doubtful

Charles Shifley

“The patentees, Orville and Wilbur Wright, were the first men to actually fly!” So begins an appellate brief in perhaps Orville and Wilbur Wright’s most famous patent infringement case, Wright Co. v. Herring-Curtiss Co., 211 F. 645 (2nd. Cir. 1914). Imagine getting to write a line “the first men to ... fly!” exclamation point included, as the first line of a brief for clients.

On the strength of the facts, and excellence of legal work, the court in the Wright case affirmed as valid the central U.S. patent of the Wrights, declared the Wrights to be pioneers in flight, and resolved that airplane wing ailerons and a tail rudder were part of their invention. Creative legal defenses, such as that a rudder of the Curtiss flying machine was not an infringement because it was only used sporadically, were put to rest memorably: e.g., “a machine that infringes part of the time is an infringement.”

08/29/2018

M. V. B. MONTGOMERY 1885-1887

Martin Van Buren Montgomery—lawyer, legislator, jurist—was the 20th Commissioner of Patents.

He was born in the township of Eaton Rapids, Michigan, October 20, 1840. The early part of his life was spent on his father's farm, attendance at the district schools taking place only in the winter months, as was the case with other farm boys who later became Commissioners. He studied law, was admitted to the bar in 1865, and immediately began to practice. His talents were at once recognized, and he filled, successively, different public offices of increasing importance.

08/27/2018

 

A Tribute to Judge Giles S. Rich

A Tribute to Judge Giles S. Rich

John F. Witherspoon

One summer night in 1926, while staying at the Willard Hotel, Giles Sutherland Rich made a decision that set in motion a chain of events that account for our being here tonight.

As a young man, he wanted to be a pilot, because, he said, he thought commercial aviation “might have a future.” But he failed his eye exam. And so he had to look for a different career.

His father was a patent lawyer in New York. When he was growing up, Giles often visited his father’s office and was intrigued by what he saw.

In the summer of 1926, he drove his father to Washington to interview some examiners. On the trip, he learned more about what his father did and why he liked it.

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