Evonik, Miracle Grow, Mars Hill: Intellectual Property

Evonik Industries AG (EVK), a German chemical company, is seeking a U.S. patent on a technology that would enable the coloring of three-dimensional objects as they are being created on a 3D printer.

Application 20140134334 covers a 3D print extrusion process to produce mechanically stable, multicolored 3D objects, according to the application published in the database of the U.S. Patent and Trademark Office.

The coloration is accomplished by coating the polymer strands before they are extruded by the printing head. The process also fixes the color on the strand.

Evonik said in its application that the coating does not go all the way through the extruded strand, instead remaining predominantly on its surface.

Under present-day technology, devices created through the use of a 3D printer are primarily colored after they are created. Evonik says this process is complicated and time-consuming.

For more patent news, click here.

Trademark

HP Settles Trademark Suit Over ‘Chubby Checker’ Palm App

Hewlett-Packard Corp. (HPQ) and Ernest Evans, the pop singer who performs as Chubby Checker, have settled a trademark dispute, according to a July 21 court filing.

Evans, best known for his 1960 hit “The Twist,” sued the Palo Alto, California-based company for infringement in February 2012. He objected to an app sold through the Palm App catalog. HP acquired Palm in 2010.

The app, known as “The Chubby Checker,” allegedly made it possible for a woman to check a man’s penis size based on the size of his shoe, according to court papers. Evans registered his Chubby Checker trademark in 1998, and said the app was named without his permission.

No financial terms were revealed in the settlement filing. HP did agree not to make any future use of Evans’s stage name, and each side was to pay its own costs and legal fees.

The case is Evans v. Hewlett-Packard, Corp., 3:13-cv-02377, U.S. District Court, Northern District of California (San Francisco).

Scotts Miracle Gro Sues Central Garden & Pet Over Ad Claims

Scotts Miracle Gro Co. (SMG)’s Inc.’s Scotts unit sued Central Garden & Pet Co. (CENT) and its Pennington Seed unit for trademark infringement.

The suit, filed July 22 in federal court in Columbus, Ohio, is related to Pennington’s Smart Feed fertilizer products.

Scotts, based in Marysville, Ohio, said in its complaint that Pennington is running ads comparing Smart Feed to Scotts Miracle-Gro fertilizers. The ads make false statements about the superiority of Smart Feed, Scotts claimed. Based on the raw materials and chemical compositions disclosed in the comparative products, there is no way the alleged superior results for Smart Feed could be achieved, it said.

These claims by Pennington violate the Lanham Act, U.S. legislation covering ad claims related to trademarks, Scotts said in its filing.

Walnut Creek, California’s Pennington didn’t respond immediately to an e-mailed request for comment.

The case is Scotts Co. v. Pennington Seed Inc., 2:14-cv-00967, U.S. District Court, Southern District of Ohio (Columbus).

For more trademark news, click here.

Patents

Herbert Schwartz, Patent Litigator and Educator, Dies at 78

Herbert F. Schwartz, the patent lawyer who brought in a $925 million verdict for Polaroid Corp. against Eastman Kodak Co., has died, his firm said in a statement.

Schwartz, 78, retired from Boston’s Ropes & Gray in 2007. Previously he was a partner at Fish & Neave, which merged with Ropes & Gray LLP in 2004.

He received his engineering degree from Massachusetts Institute of Technology in 1957 and a law degree and a master’s degree in business administration from the University of Pennsylvania in 1964. He later taught patent law at both the University of Pennsylvania and New York University.

His victory in the case against Kodak largely preserved the instant-photo market for Polaroid.

A memorial will be held Aug. 24 at the Riverside Yacht Club in Greenwich, Connecticut.

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Copyright

Blogger Says Videos Critical of Megachurch Hit with DMCA Claim

A blogger who has posted videos critical of a Seattle-based evangelical megachurch’s fundraising efforts on Google Inc.’s YouTube video-sharing site said the Mars Hill Church is using the Digital Millennium Copyright Act to try to have the videos removed.

Warren Throckmorton, who blogs on the Patheos website, acknowledged that he used segments of the church’s videos together with his commentary. He said he believes his use of the videos falls into U.S. copyright law’s fair-use provision.

For more copyright news, click here.

To contact the reporter on this story: Victoria Slind-Flor in San Francisco at vslindflor@bloomberg.net

To contact the editors responsible for this story: Michael Hytha at mhytha@bloomberg.net Charles Carter, Peter Blumberg

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