One of the first tasks the Internet Corporation for Assigned Names and Numbers (ICANN) faced was how to deal with the dilemma of registering domain names to those that first claim them while respecting trademark law. This was...more
Supplemental Examination: Potential Benefits vs. Guaranteed Risks -
The America Invents Act of 2011 introduced supplemental examination of patents as a post-grant process intended to limit expensive and unpredictable...more
9/16/2016
/ 3D Printing ,
America Invents Act ,
Compulsory Licenses ,
Defend Trade Secrets Act (DTSA) ,
Digital Media ,
DMCA ,
EU ,
Indirect Infringement ,
Intellectual Property Protection ,
Music Streaming ,
Patents ,
Popular ,
Royalties ,
Startups ,
Supplemental Examination ,
Trade Secrets ,
Trademarks ,
UTSA ,
Venture Capital ,
Venture Funding
Issues to Be Aware of When Seeking Trademark Protection -
Trademarks are valuable tools for businesses since they allow a trademark holder to identify and distinguish its goods from those manufactured or sold by others....more
12/9/2015
/ Advertising Substantiation ,
Corporate Social Responsibility ,
Costco ,
Federal Trade Commission (FTC) ,
Green Guides ,
Likelihood of Confusion ,
Made in the USA ,
Tiffany and Company ,
Trademark Infringement ,
Trademark Registration ,
Trademarks ,
Truth in Advertising
Trademarks are valuable tools for businesses since they allow a trademark holder to identify and distinguish its goods from those manufactured or sold by others. However, there are many issues to be aware of when seeking...more
12/4/2015
/ Apple ,
Cease and Desist ,
Facebook ,
Kodak ,
Likelihood of Confusion ,
Popular ,
Trademark Infringement ,
Trademark Registration ,
Trademarks ,
USPTO ,
Xerox
In a decision authored by Chief Judge Sharon Prost, the Federal Circuit held that while design patents covering product configurations – that is, “a product feature or a combination or arrangement of features” – can protect...more
9/11/2015
/ Apple ,
Apple v Samsung ,
Design Patent ,
Functionality ,
Intellectual Property Protection ,
iPhone ,
Judgment As A Matter Of Law ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Popular ,
Prior Art ,
Trade Dress ,
Trademarks ,
Utility Patents
In This Issue:
- After B&B Hardware, What is the Full Scope of Estoppel Arising From a PTAB Decision in District Court Litigation?
- When You Don’t Know What You Know: The Role of Unappreciated Inherency in the...more
6/3/2015
/ America Invents Act ,
B&B Hardware v Hargis Industries ,
CLS Bank v Alice Corp ,
Copyright ,
Copyright Infringement ,
Covered Business Method Patents ,
Estoppel ,
Intellectual Property Litigation ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Software ,
Trademark Litigation ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
In a 7-2 decision authored by Justice Alito, the Supreme Court held on March 24, 2015, that issue preclusion may apply to Trademark Trial and Appeal Board (TTAB) decisions. The case, B&B Hardware, Inc. v. Hargis Industries,...more
In This Issue:
- Tips for Developing a Cost-Effective Foreign Patent Strategy
- Supreme Court Holds that Trademark Tacking Should be Decided by a Jury in Hana Financial, Inc. v. Hana Bank
- Amending...more
3/5/2015
/ Computer-Related Inventions ,
Expert Testimony ,
Foreign Patent Applications ,
Hana Financial v Hana Bank ,
Patent Cooperation Treaty ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
SCOTUS ,
Tacking ,
Trademarks
In a 9-0 decision authored by Justice Sotomayor, the Supreme Court held on January 21, 2015 that trademark tacking is a question of fact, which should be decided by a jury. The case, Hana Financial, Inc. v. Hana Bank, sought...more
In December, the Supreme Court of the United States will hear oral arguments on two trademark cases: B&B Hardware, Inc. v. Hargis Industries, Inc. and Hana Financial v. Hana Bank. These cases address the issues of whether a...more
In This Issue:
- “Patent Trolls” in the Crosshairs – But How Will Patent Reform Legislation Impact the Rest of Us
- USPTO Guidance Takes an Expansive View of Patent-Ineligible Subject Matter
- Functional Claim...more
Trademark protection is very important in the fashion industry. The ability to protect certain logos and design features may determine the success of a fashion designer’s business. Thus, it is crucial to understand how to...more
In This Issue:
Not Just a Flook? Consideration of Prior Art When Evaluating Subject Matter Eligibility; The USPTO Adopts New Rules of Professional Conduct; and Trademark Functionality in the Beverage...more
Diageo, the world’s largest producer of spirits, has recently found itself in several significant trademark disputes regarding a number of the company’s spirit lines. In a case decided in May 2012 Maker’s Mark brought suit...more