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Decisions in IP Matters, Including Nintendo's Video Controller

In re Mighty Leaf Tea, No. 09-1497, involved a challenge to the decision of the Trademark Trial and Appeal Board affirming the refusal of plaintiff's application to register the mark, ML, in a standard character form, for use with certain personal care and skin care products.  In affirming the denial, the court held that the customer confusion is likely between plaintiff's ML and ML MARK LEES when used on nearly identical goods. 

Anascape, Ltd. v. Nintendo of Am., Inc., No. 08-1500, concerned a challenge to the distrrict court's award of damages, and judgments of validity and infringement on the ground that certain Nintendo video game controller infringed certain claims of plaintiff's '700 patent.  However, because plaintiff's '700 claims are not entitled to the '525 filing date of July 5, 1996, the district court's judgment of validity and infringement cannot stand and is thus reversed. 

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