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U.S. Patent and Trademark Office Proposes Fee Reductions

The USPTO has proposed a reduction in some of its fees for electronically filing trademark applications and renewing registrations. The reduced fees would become effective January 2015 and are as follows...more

7/7/2014 - Patent Fees TEAS USPTO

gTLD Sunrise Periods Now Open

As first reported in our December 2013 newsletter, the first generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our December...more

7/3/2014 - Domain Names gTLD ICANN Sunrise Periods Trademarks

FDA Draft Guidance - Best Practices for Developing Drug Trademarks

In late May, the FDA released a draft guidance document detailing its best practices for developing trademarks for drugs. The draft guidance, entitled Best Practices in Developing Proprietary Names for Drugs, can be found...more

7/2/2014 - Brand Draft Guidance FDA Pharmaceutical Manufacturers Prescription Drugs Trademarks

Markit to Market - June 2014

In This Issue: - FDA Draft Guidance: Best Practices for Developing Drug Trademarks - U.S. Patent and Trademark Office Proposes Fee Reductions - gTLD Sunrise Periods Now Open - Excerpt from U.S. Patent and...more

7/1/2014 - FDA Filing Fees gTLD Prescription Drugs Sunrise Periods Trademarks USPTO

Design Patent Case Digest: Munchkin, Inc. and Toys “R” US, Inc. v. Luv N’ Care, LTD.

Decision Date: April 21, 2014 - Court: Patent Trial and Appeal Board - Patents: D617,465 - Holding: Claimed design is obvious and therefore UNPATENTABLE - Opinion: Petitioners Munchkin, Inc. and Toys...more

6/25/2014 - Design Patent Inter Partes Review Proceedings Obviousness Patents Prior Art Toys R Us Written Descriptions

Design Patent Case Digest: Z Produx, Inc. v. Make-Up Art Cosmetics, Inc.

Decision Date: November 5, 2013 - Court: Central District of California Patents: D642, 743 - Holding: Make-Up Art Cosmetics’ motion for summary judgment of non-infringement is GRANTED...more

6/18/2014 - Design Patent Patent Infringement Patent Litigation Patents

Markit to Market - May 2014

In This Issue: - Scammers Still Be...Scamming - Contests – Check Rules Before Offering! - Catalogs as Specimens - gTLD Sunrise Periods Now Open - Excerpt from Scammers Still Be...Scamming: Based...more

6/12/2014 - Advertising Brand Contests & Promotions Domain Names Fees gTLD ICANN Registration Scams Sunrise Periods Sweepstakes Trademark Clearinghouse Trademark Trial and Appeal Board Trademarks Use in Commerce

Generic Top Level Domains - Current Sunrise Periods Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more

6/11/2014 - Brand Domain Names gTLD ICANN Registration Sunrise Periods Trademark Clearinghouse Trademarks

Catalogs as Specimens Showing Use in Commerce

As U.S trademark owners know, the U.S. is unique among jurisdictions in that those who wish to federally register their marks are required to show that they are using a mark “in commerce” in connection with the goods/services...more

6/10/2014 - Trademark Trial and Appeal Board Trademarks Use in Commerce

Contests – Check Rules Before Offering!

Contests can be a great way to engage consumers and create publicity for your business, and social media makes it easier than ever to promote a contest to a broad audience. However, there is more to setting up a successful...more

6/9/2014 - Advertising Contests & Promotions Sweepstakes

Scammers Still Be Scamming

Based on the volume of scam letters and email sent to us by our clients, trademark and domain name scams continue unabated in 2014. In fact, if anything, these scams have increased in volume and creativity. Remember to look...more

6/6/2014 - Domain Names Fees Registration Scams Trademarks

Design Patent Case Digest: MRC Innovations, Inc. v. Hunter Mfg., LLP

Decision Date: April 2, 2014 - Court: U.S. Court of Appeals for the Federal Circuit - Patents: D634,488 and D634,487 - Holding: N.D. of Ohio’s Grant of Summary Judgment of Invalidity AFFIRMED...more

6/4/2014 - Design Patent Obviousness Patent Infringement Patents Summary Judgment

Proposed Changes to Canada's Trade-marks Act

Not to be upstaged by China, who recently proposed changes to its Trademark Law, the Government of Canada proposed substantial changes to its Trade-marks Act on March 28, 2014. Several of these changes were proposed to align...more

5/5/2014 - Canada Madrid Protocol NCS Registration Trade Marks Act Use Requirement

Supreme Court Establishes a New Test for False Advertising Standing Under Lanham Act

On March 25, 2014, the Supreme Court issued its opinion in Lexmark International Inc. v. Static Control Components Inc., holding that a two-prong analysis comprised of the "zone-of-interests" test and a "proximate-cause"...more

5/2/2014 - Copyright Infringement False Advertising Lanham Act Lexmark Lexmark v Static Control Components Proximate Cause SCOTUS Split of Authority Standing Zone of Interests

Generic Top Level Domains - Current Sunrise Periods Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. ...more

5/1/2014 - Domain Names gTLD ICANN Sunrise Periods

R-E-S-P-E-C-T Those Rights of Publicity

Earlier this month, Katherine Heigl sued Duane Reade for $6,000,000 for tweeting a paparazzi photo of her leaving a Duane Reade drugstore, together with the caption “Love a quick #DuaneReade run? Even KatieHeigle can’t resist...more

4/30/2014 - Lanham Act Misappropriation Personal Brands Right of Publicity Unfair Competition

MarkIt to Market - April 2014

The April issue of Sterne Kessler's MarkIt to MarketTM newsletter contains a cautionary tale regarding use of social media, a clarified test for false advertising standing, updates to Canada's Trade-marks Act, and an updated...more

4/29/2014 - Canada Domain Names False Advertising gTLD Lanham Act Lexmark Right of Publicity SCOTUS Standing Sunrise Periods Trademark Act Trademarks

PTAB Invalidates Patent in First IPR Trial of a Design Patent

On April 21, 2014, the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office issued a final written decision in the first inter partes review proceeding involving a design patent (IPR2013-00072). In...more

4/25/2014 - Design Patent Inter Partes Review Proceedings Motion to Amend Patent Trial and Appeal Board Patents Prior Art

Mark It to Market - March 2014

In This Issue: - MARCH MADNESS - A Reminder - Changes to China's Trademark Law - INTA Annual Meeting - Hong Kong - gTLD Sunrise Periods Now Open - The March issue of Sterne Kessler's Mark It to MarketTM...more

3/31/2014 - Brand China gTLD Hong Kong March Madness Sunrise Periods Trademarks

Mark It to Market - January 2014

In This Issue: - How to Use the OLYMPICS/Rings, SUPER BOWL, and MARCH MADNESS Trademarks (Hint: Not Without Permission!) - Trademark Clearinghouse Registrations - Change to the D.O.T. Rule - Generic Top Level Domains...more

1/30/2014 - gTLD March Madness Olympics Sunrise Periods Super Bowl Trademark Clearinghouse Trademarks

Design Patent Case Digest: ATAS International, Inc. v. Centria

Decision Date: September 24, 2013 - Court: Patent Trial and Appeal Board - Patents: D527,834 - Holding: ATAS’s petition to institute inter partes review is DENIED. Opinion: ATAS International, Inc....more

12/12/2013 - Design Patent Inter Partes Review Proceedings Patent Trial and Appeal Board Patents

Design Patent Case Digest: W.Y. Industries, Inc. v. Kari-Out Club LLC

Decision Dates: August 25, 2011 and November 12, 2013 - Courts: D. NJ and United States Court of Appeals for the Federal Circuit - Patents: D469,689 - Holding: The terms of the ‘689 Patent are construed;...more

12/3/2013 - Design Patent Patent Litigation Patents

Design Patent Case Digest: Spencer v. Taco Bell Corp.

Decision Date: October 2, 2013 - Court: M.D. Florida - Patents: D643,474 - Holding: Defendant’s motion for summary judgment of patent invalidity and non infringement...more

10/31/2013 - Design Patent Infringement Patents Prior Art Taco Bell

Design Patent Case Digest: High Point Design LLC and Meijer, Inc., Sears Holding Corp. and Wal-Mart Stores, Inc. v. Buyers Direct,...

Decision Date: September 11, 2013 - Court: Fed. Cir. Patents: D598,183 - Holding: Grant of summary judgment of invalidity REVERSED and REMANDED. Opinion: Buyer’s Direct, Inc. (“BDI”)...more

10/25/2013 - Design Patent Patent Litigation Patents Wal-Mart

Design Patent Case Digest: Pacific Coast Marine Windshields Limited v. Malibu Boats, LLC

Decision Date: December 27, 2012 Court: D. Florida - Patents: D555,070 - Holding: Defendants’ motion for partial summary judgment of non-infringement GRANTED. Opinion: Plaintiff, Pacific Coast...more

10/9/2013 - Design Patent Patent Infringement Patent Litigation Patents

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