8 Ways To Avoid Inter Partes Review Estoppel -
Inter partes review has become an enormously popular method of challenging patents. One important downside of filing for IPR, however, is that, if the petitioner loses, it...more
Supreme Court Restricts the Extraterritorial Reach of U.S. Patent Law for Exported Goods -
On February 22, 2017, the Supreme Court in a landmark decision held that the supply of a single component of a multicomponent...more
4/10/2017
/ Cheerleaders ,
Co-Ownership ,
Component Parts Doctrine ,
Copyright ,
Copyright Litigation ,
Copyrightable Subject Matter ,
Extraterritoriality Rules ,
Fashion Design ,
Foreign Corporations ,
Germany ,
Grace Period ,
Graphic Designs ,
Laches ,
Life Technologies Corp v Promega Corp ,
Patent Infringement ,
Patent Litigation ,
Patents ,
SCOTUS ,
Section 101 ,
Star Athletica v Varsity Brands ,
Statutory Damages ,
The Copyright Act ,
Uniforms
On March 22, 2017, the Supreme Court held in Star Athletica, LLC v. Varsity Brands, Inc. that design elements of cheerleading uniforms may be protected under the Copyright Act. The 6-2 decision, written by Justice Thomas,...more
3/28/2017
/ Cheerleaders ,
Copyright ,
Copyright Infringement ,
Fashion Design ,
Fashion Industry ,
Graphic Designs ,
SCOTUS ,
Separability ,
Sports Apparel ,
Star Athletica v Varsity Brands ,
The Copyright Act ,
Uniforms ,
Utilitarian Function
In late December, the Second Circuit issued a ruling in Louis Vuitton Malletier, S.A., v. My Other Bag, Inc., affirming the district court’s grant of summary judgment for claims of trademark infringement and dilution of a...more
1/26/2017
/ Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Intellectual Property Protection ,
Lanham Act ,
Louis Vuitton ,
Retail Market ,
Summary Judgment ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
FDA (Finally!) Issues New Regulations to Clarify Pharmaceutical Patent Litigation: How to Use Patent “Use Codes” -
October 6, 2016, the FDA issued a final rule implementing certain provisions of the Medicare...more
11/29/2016
/ Copyright ,
De Minimis Claims ,
Enforcement ,
Food and Drug Administration (FDA) ,
New Regulations ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Popular ,
Trademarks ,
UK ,
UK Brexit
Since our previous article on the emerging issue of trademark rights in hashtags, the use of hashtags in social media marketing has continued to grow. Described as the “ignition keys to a social media keyword search,”...more
7/18/2016
/ Advertising ,
Corporate Counsel ,
Hashtags ,
International Trademark Protection ,
Marketing ,
Popular ,
Preliminary Injunctions ,
Settlement Agreements ,
Social Media ,
Trademark Application ,
Trademark Infringement ,
Trademarks ,
USPTO ,
Young Lawyers
The California Court of Appeal recently affirmed a ruling that an optional protection plan in a storage rental contract to transfer the risk of property damage or loss from the renter to the rental company did not transform...more
An Illinois federal judge recently certified a class of consumers who allege that Sturm Foods and its parent company Treehouse Foods Inc. marketed their Grove Square Coffee pods for use in Keurig Inc. brewers—and designed...more
Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we present a “grand unifying theory” of today’s leading technologies and the legal...more
7/29/2015
/ Advertising ,
Consumer Bankruptcy ,
Copyright Infringement ,
Creditors ,
Data Collection ,
Data Storage Providers ,
Digital Assets ,
Discovery ,
Electronically Stored Information ,
Evidence ,
Facebook ,
Federal Trade Commission (FTC) ,
Hashtags ,
HBO ,
Live Streaming ,
Marketing ,
Online Reviews ,
Retail Tracking ,
Sanctions ,
Showtime ,
Social Media ,
Spoliation ,
Trademarks ,
Twitter ,
Yelp
Hashtags have become ubiquitous in social media, but their status as intellectual property—particularly as trademarks—is still developing. First adopted by Twitter users to link user posts, hashtags are character strings...more
In This Issue:
- Federal Circuit Affirms PTO in First Appeal of an Inter Partes Review Decision
- EU Copyright: No Resale of Digital Content Except for Software?
- Qualcomm Agrees to $975 Million Fine and...more
4/13/2015
/ Broadest Reasonable Interpretation Standard ,
China ,
Copyright ,
EU ,
Fraud ,
International Trade Commission (ITC) ,
Jurisdiction ,
Patent Trial and Appeal Board ,
Patents ,
Qualcomm ,
Standard Essential Patents ,
Trademarks
On Tuesday, the Supreme Court issued its decision in B&B Hardware v. Hargis Industries, ruling that decisions of the Trademark Trial and Appeal Board (TTAB) on “likelihood of confusion” in trademark opposition proceedings can...more