Well, it seems that, in some form, Mr. Stoller is back. 

Here’s one specimen he filed:

Here’s a second:

Is he kidding?

With regard to the basketball “specimen,” we located 49 occurrences of the same image (minus “STEALTH” and “NBA”) (using TinEye).  We’re not sure how long the results page will remain active, but you can check out the results here.  Fraud on the USPTO?  We think so.

Fake handbags, watches, shoes and perfumes. The business of Counterfeit Goods is the largest underground industry in the world. Hundreds of billions of dollars are generated while sapping the economy, putting lives in jeopardy, and funding organized crime in the process.
CNBC’s “Crime Inc.: Counterfeit Goods,” takes viewers on a rare look inside a global crime spree, where the goods are produced and confiscated in a world of high-risk and high-reward.
Host Carl Quintanilla takes you on raids with the LAPD anti-counterfeiting unit, inspections at ports, and back-room factories where counterfeits are produced. Meet a company whose whole brand was copied, and the story of a defense contractor who counterfeit defense parts that found their way into weapons depots in Iraq.
At around 7% of all global trade, Counterfeit Goods are a big business with low overhead. It makes too much money to go away any time soon.

You can also view a slideshow of the Top 10 seized goods.

EU Court Rules That Adwords Do Not Infringe Trademark Laws: http://shar.es/mF7Dz

Judge Baer concluded that there was insufficient evidence to support direct trademark infringement, but sufficient evidence to support contributory trademark infringement.  Specifically, the court noted that the middleman who set up the merchant account actually advertised on its website that it worked with “high risk merchants” including those who sold “replicas.”

We are unsure about the wisdom of this decision.  We anticipate an appeal.  Third party liability is a tricky beast since it essentially imposes liability for knowledge rather than conduct.

Here are some quick points and tips (not by any means an exhaustive list) to keep in mind as you navigate the pharmaceutical trademark minefield:

• You may submit up to two trademark names at a time to the FDA for approval, a process which takes approximately 3 years
• Be careful about names that imply efficacy, risk, indication, superiority, or that are overly fanciful
• Handwriting Analysis: Be mindful of potential confusing similarity between trademarks when they are handwritten, even if they are otherwise visually different when typewritten, or phonetically different; we all know that doctors are not known for having the best penmanship!
• Verbal pronunciation analysis: even if 2 respective trademarks are visually distinguishable, if they sound the same when spoken verbally, this will weigh against ultimate approval
• You may very well need to consider the trademark registration process and drug approval process in a foreign country if the product will be marketed and sold internationally; for example, the regulatory agency for the evaluation of medicinal products  in the European Union is EMEA (European Medicines Agency).  EMEA has its own process and rejects approximately 50% of proposed trademark names

Our team here at Lombard & Geliebter LLP has extensive experience representing pharmaceutical companies in connection with their trademark matters. If you have any questions relating to the pharmaceutical trademark law, please call Mathew Lombard or Darren Geliebter at 212-551-1755 or reach us by email: mail@lgtrademark.com.

The Implantable Miniature Telescope is intended to help at the end stages of incurable age-related macular degeneration, a slow, creeping loss of central vision that blocks reading, watching TV, eventually even recognizing faces.

The procedure is not without risk or serious complications.  However, the treatment looks promising for the right candidate.