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United States Patent and Trademark Office Infringement

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Dunlap Bennett & Ludwig PLLC

Registered Vs. Unregistered Trademarks: What Businesses Need To Know

Trademarks — which can include words, phrases, symbols, designs, or a combination of these things — play a crucial role in establishing and protecting a brand’s identity: they help ensure that consumers can reliably identify...more

Whiteford

Understanding the Basics: What are Trademarks and Service Marks?

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In the realm of professional associations, establishing a strong and recognizable brand is crucial. Trademarks and service marks are essential tools that not only protect your association's brand but also enhance its...more

Paul Hastings LLP

The Federal Circuit Addresses Equitable Remedies and Defenses Against Patent Owners For Their Misconduct Before the District Court...

Paul Hastings LLP on

The Federal Circuit’s decision in Luv N’ Care v. Laurain (April 12, 2024) addresses the legal standards for remedying egregious forms of deceptive conduct by patent owners through the equitable barring of relief and patent...more

Axinn, Veltrop & Harkrider LLP

USITC Commissioner Series: The Court's FRAND Dance May Soon Reach its Finale

In prior posts for this series, we have discussed areas of law where Commissioners have voiced their dissent and demonstrated a clear divide among the decision-makers. But when it comes to Standard Essential Patents (SEPs),...more

Dunlap Bennett & Ludwig PLLC

Amazon’s Brand Registry: What You Need To Know

In its 2023 Brand Protection Report, Amazon reveals its efforts to eliminate counterfeit products. Bolstered by more than $1.2 billion in investment and 15,000 personnel, from machine learning scientists to specialized...more

Benesch

Tennessee Governor Signs into Law First-of-its-Kind Bill Addressing AI Misappropriation of Voices, Images, and Songs

Benesch on

Beginning July 1, 2024, Tennessee musicians and artists will have an additional layer of protection for their voices and songs from generative AI cloning models and services that enable human impersonation and create...more

Tarter Krinsky & Drogin LLP

Russia’s Seizure of Intellectual Property Rights & What it Means For Business

For many years, the U.S. Trade Representative has published a Special 301 Priority Watch List of countries that do not adequately protect intellectual property rights. Even though Russia has been on that list for the last few...more

Arnall Golden Gregory LLP

The Pitch - March 2022

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Snell & Wilmer

Trade Dress: What It Is and How to Protect It

Snell & Wilmer on

I. Trade Dress Is Either a Trademark or Service Mark. “Trade dress” functions as either a trademark or service mark. A “trademark” is any word, term, phase, symbol, logo, design, shape, tag line, background, color, scent,...more

McCarter & English, LLP

The Third Circuit Shares Some Food For Thought On The Bounds Of Trade Dress Protection

McCarter & English, LLP on

The overall look of a product – including the look of a snack or a treat – may be entitled to intellectual property protection as “trade dress.” But the protection of the overall look of a product as trade dress is neither...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2020

Facebook, Inc. v. Windy City Innovations, LLC, Appeal Nos. 2018-1400 et al. (Fed. Cir. Sept. 4, 2020)- The only precedential decision this week was a modified panel decision of a prior precedential opinion following a...more

Holland & Knight LLP

10 Key Intellectual Property Issues for M&A Deals

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Intellectual property (IP) issues are increasingly important factors in merger and acquisition (M&A) transactions. Of the various industry sector transactions included in recent American Bar Association (ABA) Business Law...more

Katten Muchin Rosenman LLP

The Katten Kattwalk - Issue 07

Happy summer! We are seeing some great new styles this summer here on Madison Avenue, and of course, there are a number of hot legal issues to consider as we head into the fall. Our latest issue discusses the applicability of...more

Knobbe Martens

Trademark Review | January 2015

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Diageo Enforces Trade Dress Rights in its CROWN ROYAL Drawstring Bag - Diageo owns a registration for the mark CROWN ROYAL for whiskey. Diageo has sold its CROWN ROYAL whiskey in a purple drawstring bag for many...more

McDermott Will & Emery

Battle of the ANDROIDS

McDermott Will & Emery on

Erich Specht, et al., v. Google, Inc. - In a decision that provides useful guidance on what constitutes abandonment, the U.S. Court of Appeals for the Seventh Circuit upheld a district court ruling that Google did not...more

Ladas & Parry LLP

Protection of Designs in the United States

Ladas & Parry LLP on

In recent years, protection of designs has become of increasing importance. As Steve Jobs famously noted: “People think it’s this veneer — that the designers are handed this box and told, ‘Make it look good!’ That’s...more

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 04

In this issue: - Trademark Infringed? No Preliminary Injunction Unless Irreparable Harm Proved - Want to Reserve a Trademark? Be Prepared to Prove You Will Use It - Around the Horn: Customs and...more

Foley & Lardner LLP

Federal Circuit Fractured Over Finality in Fresenius

Foley & Lardner LLP on

When the Federal Circuit denied Baxter’s petition for panel rehearing and rehearing en banc in Fresenius USC, Inc. v. Baxter International, Inc., Judge Dyk wrote an opinion concurring in the denial that was joined by Judge...more

Fenwick & West LLP

The Problem of Patent Glossaries Part I: Ambiguity in Patent Claims and the Nature of Meaning

Fenwick & West LLP on

What motivates the USPTO to consider the use of glossaries in patent applications is surely the hue and cry that software patents are frequently, if not inherently, vague and ambiguous, and that something must be done to help...more

Akerman LLP

Fresenius v. Baxter: The Importance of Timing in Patent Litigation

Akerman LLP on

The Federal Circuit’s recent decision in Fresenius USA, Inc. v. Baxter Int’l, Inc., illustrates the potential value of challenging a patent's validity through administrative proceedings in the U.S. Patent & Trademark Office...more

Pillsbury Winthrop Shaw Pittman LLP

How Trade Mark Defendants are Winning from MedImmune

In 2007, the US Supreme Court set a new test for declaratory judgment actions in MedImmune. Its decision continues to have a profound impact on trade mark cases, explain Bobby Ghajar and Carolyn Toto. One-Minute Read -...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Affirms Inequitable Conduct Determination Under Therasense “But For” Exception and Reaffirms Significance of Rohm...

Today, the Federal Circuit upheld the District Court’s inequitable conduct verdict based on the submission of false affidavits to the United States Patent & Trademark Office (“PTO”). Intellect Wireless, Inc. v. HTC Corp.,...more

McDermott Will & Emery

IP Update, Vol. 16, No. 9, September 2013

McDermott Will & Emery on

Patents/Preliminary Injunction: Preliminary Injunction Ordered Based on Appellate Claim Construction Aria Diagnostics, Inc. v. Sequenom, Inc. - Addressing a preliminary injunction filed by a defendant in a...more

Knobbe Martens

Federal Circuit Review - Volume 3 | Issue 8 August 2013

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In This Issue: • Cancellation of Claims by PTO Binding on District Court • Claims Reciting Method Free of an Agent is Invalid Where Patent Does Not Mention Agent • Defendant Did Not Have Proper Notice of Products...more

McDonnell Boehnen Hulbert & Berghoff LLP

New Patent Litigation Bill Introduced in House

Last week, Rep. Hakeem Jeffries (D-NY) introduced the "Patent Litigation and Innovation Act of 2013" (H.R. 2639) in the House. The bill, which would add procedural requirements for patent infringement suits, is related to...more

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