All posts by Dennis Crouch

About Dennis Crouch

Law Professor at the University of Missouri School of Law.

One more on Aunt Jemima

Patent

by Dennis Crouch

I'm sure that there will be a few references to the Aunt Jemima trademarks in upcoming law review articles. Let me direct you to a handful of court decisions regarding the mark. The cases offer an important look at how judges saw race & commerce in the mid-20th century.

The courts here effectively concluded that only one company could sell flour (or syrup) branded with the caricature of a black-skinned person.

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When does a PTO Cancellation undermine a District Court Judgment of Infringement?

Patent

PhaZZer v. Taser (Supreme Court 2020)  [Petition for writ of certiorari]

PhaZZer defaulted in the litigation and the district court awarded $7.8 million to Taser. On appeal, the Federal Circuit quickly issued a R.36 no-opinion affirmance in 2019.  Then, in February 2020 the USPTO finally cancelled the claims of the asserted patent (via reexamination). US7234262.

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