On January 25, 2022, the U.S. Patent and Trademark Office (USPTO) concluded that low-cost trademark filing companies, ABTACH Ltd., 360 Digital Marketing LLC, and Retrocube LLC (collectively, the “Respondents”) were engaged in...more
Once a trademark registration has been issued, trademark owners should be on the lookout for the inevitable “Renew Your Trademark” scam letters. Here, to assist trademark owners avoid these scams, we provide a breakdown of an...more
Have you ever come up with the perfect name for branding your goods or services, only to find out that someone else has already federally registered the trademark for similar goods or services? Unfortunately, it is happening...more
If you have a business, then you have probably already registered your brand(s) under one or more top-level domain names, such as .com, .net, .org, .edu, .co, .info, or .biz. You may have also registered one or more of your...more
On December 27, 2020, President Trump signed the bipartisan COVID-19 relief and government funding bill which includes the Trademark Modernization Act of 2020 (TMA). The TMA, which will become effective in one year,...more
On December 27, 2020, President Trump signed the bipartisan COVID-19 relief and government funding bill. This bill incorporates the Copyright Alternative in Small-Claims Enforcement (CASE) Act, which establishes the Copyright...more
In accordance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) previously provided two extensions of time to file certain trademark-related...more
In accordance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) previously provided two extensions of time to file certain patent-related documents...more
Have you invented a product or process for preventing or treating the novel coronavirus commonly known as COVID-19? If you have, and you qualify as a small or micro entity, then you may be entitled to a “fast track”...more
The COVID-19 pandemic may have had an adverse impact on your brick-and-mortar retail sales, but hopefully has resulted in an uptick in your online retail sales. And when it comes to online retail sales, Amazon is the river,...more
Any person may challenge the validity of a U.S. patent on the basis that previously issued patents or publications render the patent’s claims invalid as being anticipated by the prior art or obvious in view of the prior art,...more
4/29/2020
/ § 314(d) ,
§ 315(b) ,
§314(a) ,
§314(b) ,
America Invents Act ,
Appeals ,
Dissenting Opinions ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Non-Appealable Decisions ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
Thryv Inc v Click-To-Call Technologies LP ,
Time-Barred Claims ,
Vacated
No Willfulness Requirement for Lost Profits Award -
If you are a business owner and have federally-registered your trademark (an important step that the Chambliss Intellectual Property section regularly advises our...more
4/29/2020
/ § 1125(a) ,
§ 1125(c) ,
Appeals ,
Burden of Proof ,
Charge-Filing Preconditions ,
Compensatory Awards ,
Dilution ,
Lanham Act ,
Lost Profits ,
Remand ,
Remedies ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated ,
Willful Infringement
As our Intellectual Property (IP) Group frequently says, if you are doing business in commerce, then you probably have valuable IP, whether you know it or not. And if you have valuable IP, you should be taking affirmative...more
With the emergence of the novel coronavirus pandemic, U.S. Sen. Ben Sasse (R-Nebraska) has proposed the Facilitating Innovation to Fight Coronavirus Act in an effort to combat the continued spread of the highly-communicable...more
Out of necessity during the COVID-19 pandemic and related “stay-in-place” orders, many businesses have transitioned their workforce to work-from-home or similar remote working arrangements. The working world is making...more
As businesses continue to evaluate current operations and how they will modify them as shelter-in-place orders are lifted and employees and customers return, it is important for each business to anticipate potential COVID-19...more
4/14/2020
/ Business Continuity Plans ,
Business Interruption ,
Commercial General Liability Policies ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
D&O Insurance ,
Force Majeure Clause ,
Infectious Diseases ,
Insurance Claims ,
Insurance Industry ,
Policy Terms ,
Public Health ,
Supply Chain ,
Travel Insurance ,
Workers' Compensation Claim
In accordance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) has extended the time to file certain trademark-related documents and to pay certain...more
In accordance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) has extended the time to file certain patent-related documents and pay certain fees...more
On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016, which among other things creates a federal civil right of action for trade secret misappropriation and provides immunity, under certain...more
5/16/2016
/ Asset Seizure ,
Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
Economic Espionage Act ,
Ex Parte ,
Intellectual Property Protection ,
Misappropriation ,
New Legislation ,
Private Right of Action ,
Trade Secrets ,
Whistleblower Protection Policies
After years of debate and multiple versions proposed, withdrawn, revised and debated by both Houses of Congress, legislation that would for the first time federalize trade secrets law is headed to the White House for...more
During his presidential campaign last September, former Arkansas Governor Mike Huckabee made a well-publicized appearance at a rally for Kim Davis, the Kentucky clerk who was jailed for refusing to issue marriage licenses to...more
On April 29, 2014, the United States Supreme Court significantly lowered the standard for demonstrating entitlement to attorneys' fees in patent cases. In Octane Fitness, LLC v. Icon Health & Fitness, Inc., the high court...more
Since the United States Supreme Court's 2010 decision in Bilski v. Kappos, holding that a computer-assisted method of hedging risk in the field of commodities trading was unpatentable under §101 of the Patent Act, courts have...more