Mintz Levin - Copyright & Trademark Matters

…..and Don’t Even Think About Advertising a MARCH MADNESS Event Either!

It is that time of year again, coming off St. Patrick’s Day celebrations, when everyone gets on the college basketball bandwagon in the season of “MARCH MADNESS.” Brackets are being completed, college jerseys are being pulled…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

The Court’s Decision in the FLANAX US Trademark Dispute Gives Bayer a Headache

On February 6, the United States District Court for the Eastern District of Virginia reversed the US Trademark Trial and Appeal Board’s ruling in Bayer Consumer Care AG v. Belmora LLC, 110 USPQ2d 1623 (TTAB 2014) holding that…more
| Business Torts, Intellectual Property, International Law & Trade, Science, Computers, & Technology

Use It or Lose It: When Can a Trademark Registered Under Section 44(e) or 66(a) Be Deemed “Abandoned” in the US?

Unlike most countries, US trademark law generally requires that a mark be in use before it can be protected. The US recognizes common law rights in unregistered marks if they have been adopted in good faith and are in actual use…more
| Civil Procedure, Communications & Media Law, Intellectual Property, International Law & Trade

Don’t Even Think About Advertising a SUPER BOWL Party!

As we all know, Super Bowl XLIX will be played this Sunday in Phoenix, Arizona between the defending Champion Seattle Seahawks and the New England Patriots. There will be events of all kinds organized all around the country…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

The US Supreme Court Holds that Juries Should Decide the Issue of Trademark Tacking

In the first substantive trademark decision it has issued in a decade, the US Supreme Court, in Hana Financial, Inc. v. Hana Bank, case number 13-1211 (January 21, 2015), affirmed the Ninth Circuit by holding that whether two…more
| Civil Procedure, Communications & Media Law, Intellectual Property

“Copyright and Marriage Equality Act” Bills Introduced in both the House and Senate

On January 6, 2015, Sen. Patrick Leahy introduced Senate bill 23 entitled the “Copyright and Marriage Equality Act.” The bill would amend Section 101 of title 17 of the United States Code by striking the current definitions of…more
| Elections & Politics, Family Law, Intellectual Property

The US Department of Justice Seeks to Intervene in the Washington Redskins’ Trademark Suit to Defend the Constitutionality of the Lanham Act

The Washington Redskins professional football team will soon not only be battling Native Americans over the registrability of the REDSKINS trademark, but will also have to cross swords with the US Government. Last week, the US…more
| Art, Entertainment, & Sports Law, Civil Procedure, Constitutional Law, Indigenous Peoples, Intellectual Property

Top Ten Reasons Why US Trademark Searches are Important to Every Business

As we ring in the new year, we thought we would remind everyone why the importance of a comprehensive trademark search for a new company name and for a new trademark cannot be overstated:…more
| Commercial Law & Contracts, Communications & Media Law, Intellectual Property

The US Trademark Office Rings in the New Year with Some Reduced Fees!

It is not only the price of oil and gas that is dropping! The US Trademark Office has reduced the filing fees for new trademark applications and for registration renewal applications. The previous filing fee for each class in a…more
| Intellectual Property

CAFC Delivers Another Decision on Patentability of Myriad Patents

In Univ. of Utah Res. Foundation et al. v. Ambry Genetics Corp., No. 2014-1361 (Fed. Cir. Dec. 17, 2014), the Federal Circuit once again has weighed in on the patent eligibility of Myriad Genetics, Inc.’s patents related to…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

USPTO Issues Interim Guidance on Patent Eligibility Under §101: Framework for Considering Whether Patents Are Eligible for US patent Protection Significantly Improved

The United States Patent and Trademark Office (USPTO) has issued revised guidance to its examiners relating to determination of patent eligibility under 35 U.S.C. §101. This “Interim Guidance” provides more specific advice for…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Federal Circuit Says District Courts Should Freely Grant Stays When CBM Proceeding Instituted

On November 20, 2014, the Federal Circuit issued its decision in Versata Software, Inc. v. Callidus Software, Inc. reversing the district court’s denial of a motion to stay pending a Covered Business Method (“CBM”) review of the…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

A Brief Synopsis of the Issues Confronting the Federal Circuit in the En Banc Rehearing of Suprema, Inc. v. ITC

On February 5, 2015 the en banc Federal Circuit will hear oral argument in the matter of Suprema, Inc. v. ITC.1 This rehearing reviews the controversial Federal Circuit opinion holding that “an exclusion order based on a…more
| Civil Procedure, Intellectual Property, International Law & Trade, Science, Computers, & Technology

It’s a Material IP World: Trademarks, Copyrights, Design Patents and Fabric Designs

Fabric design is a creative art form that has existed for thousands of years. Although the methods for creating such designs have evolved, the purpose and function of such designs has not changed as significantly. Fabric…more
| Intellectual Property

“Why, I declare” … Proper Use of Evidentiary Declarations under New (Post-AIA) Rule 37 C.F.R. 1.130

The Leahy-Smith America Invents Act (AIA) was signed into law on September 16, 2011. While the AIA alters U.S. patent practice in several ways, perhaps the most significant change brought about by the law is the switch from a…more
| Civil Procedure, Intellectual Property
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