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K&L Gates LLP

SkyKick v Sky: A Debrief of the Latest Developments

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The UK Supreme Court recently handed down its judgment in the long-running SkyKick v Sky trade mark battle. The court considered the key issue of ‘bad faith’ applied to the over-claiming practice and its implications for...more

Weintraub Tobin

(Podcast) The Briefing: Trademark Turbulence – Oakland vs SFO in Trademark Showdown

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Oakland’s attempt to rename its airport didn’t take off. On this episode of The Briefing, Scott Hervey and Jamie Lincenberg discuss the trademark dispute between San Francisco and Oakland over airport naming rights....more

Weintraub Tobin

The Briefing: Trademark Turbulence – Oakland vs SFO in Trademark Showdown

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Oakland’s attempt to rename its airport didn’t take off. On this episode of The Briefing, Scott Hervey and Jamie Lincenberg discuss the trademark dispute between San Francisco and Oakland over airport naming rights....more

Jones Day

The “Best Way” to Avoid Adverse Judgment

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The PTAB recently denied Bestway (USA), Inc.’s (“Petitioner”) request for PGR of U.S. Pat. No. 11,959,512 B2 (“the ’512 patent”) but declined to enter adverse judgment against Intex Marketing, Ltd. (“Patent Owner”) for...more

McDermott Will & Emery

Time’s Up: Fifth Circuit Reinstates Original Judgment in Trademark Dispute

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The US Court of Appeals for the Fifth Circuit vacated a district court’s amended final judgment and reinstated its prior final judgment, finding that the district court overstepped its narrow mandate on remand, directly...more

McDermott Will & Emery

New Year, New Fees: PTO Issues 2025 Fee Schedule

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The US Patent & Trademark Office (PTO) issued its final rule setting and adjusting patent fees that will take effect on January 19, 2025. 89 Fed. Reg. 91898 (Nov. 20, 2024). The final rule sets or adjusts 433 patent fees...more

BakerHostetler

Patent Legislation Watch: PTAB Reform Bill ‘PREVAIL[S]’ Out of Senate Judiciary Committee

BakerHostetler on

In a close 11-10 vote, a bipartisan majority of the U.S. Senate Judiciary Committee advanced the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act out of committee....more

McDermott Will & Emery

Battle of the Bay: It’s Oakland Airport, Not San Francisco Bay Oakland International Airport

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The US District Court for the Northern District of California granted the city and county of San Francisco a preliminary injunction enjoining the Port of Oakland from using the name or trademark “San Francisco Bay Oakland...more

McDermott Will & Emery

Case Closed: OpenAI Prevails on Secondary Meaning

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The US Court of Appeals for the Ninth Circuit affirmed a district court’s grant of a preliminary injunction (PI) in a trademark action under the Lanham Act, stating that the district court’s ruling was not clearly erroneous...more

McDermott Will & Emery

Ghostly Misstep: No Confusion Means No Preliminary Injunction

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In a trademark case involving an incontestable registration, the US Court of Appeals for the First Circuit affirmed a district court ruling denying the registrant a preliminary injunction (PI) for failure to establish...more

Smart & Biggar

FCA sets aside PMPRB’s order that Galderma’s patent claiming 0.3% adapalene “pertained to” 0.1% adapalene DIFFERIN

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On December 3, 2024, the Federal Court of Appeal (FCA) set aside the order of the Patented Medicine Prices Review Board (PMPRB or Board) that had required Galderma to continue to provide information to the PMPRB in relation...more

Goodell, DeVries, Leech & Dann, LLP

The Perils of Secondary Liability for Copyright Infringement

Vicarious and contributory liability are terms well-known to every tort lawyer and law student. They should also be familiar to business owners and managers. The legal theories of vicarious and contributory liability are...more

Bond Schoeneck & King PLLC

No Harm, No Standing (For Now): DMCA Violation Claims Against OpenAI Dismissed

A New York Federal Court Judge recently dismissed a copyright lawsuit brought by two news outlets: Raw Story Media Inc. and AlterNet Media Inc. for lack of standing. The dismissed complaint alleged OpenAI’s use of Raw...more

Hogan Lovells

At the crossroads of IP and Russia sanctions: what IP Rights holders need to know

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The recent EU and UK sanctions adopted against Russia, have impacted economic operators in many ways. This article provides an overview of the current sanctions prohibitions affecting holders and traders of intellectual...more

Morgan Lewis

USPTO Withdraws Proposed Terminal Disclaimer Rule

Morgan Lewis on

The United States Patent and Trademark Office (USPTO) has withdrawn a proposed rule for filing terminal disclaimers to overcome obviousness-type double patenting rejections. The proposed rule would likely have had wide...more

Jones Day

CJEU Ruling: Greater Copyright Protection for Design Works

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The Court of Justice of the European Union ("CJEU") recently ruled that design works must be protected by copyright in the EU regardless of their country of origin. This decision rejects the application of the reciprocity...more

Quarles & Brady LLP

Patent Fee Changes at the USPTO: What You Need to Know

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The United States Patent and Trademark Office (USPTO) has issued a final rule substantially adjusting patent fees. The new fee structure will take effect on January 19, 2025....more

Jones Day

French Supreme Court Rules on Resale of Digital Video Games

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The French Supreme Court (Cour de cassation) recently ruled that the principle of exhaustion of rights, which allows consumers to resell physical copies of video games without the consent of the publisher, does not apply to...more

Wolf, Greenfield & Sacks, P.C.

USPTO Trademark Fee Changes: What You Need to Know

Fees for certain trademark filings at the US Patent and Trademark Office (USPTO) will increase on January 18, 2025. Trademark owners may want to file new applications and maintain and renew current registrations before the...more

ArentFox Schiff

What You Need to Know: 2025 Updates to EU Design Protection

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The European Union (EU) has approved updates to its design protection legislation to modernize the framework and support innovation across member states....more

International Lawyers Network

Trouble Brewing? Australian Coffee Brand Grounds Global Giant in Landmark Trade Mark Case

In a recent Federal Court decision, Justice Michael Wheelahan has dismissed claims against Cantarella Bros Pty Ltd (Cantarella Bros) by international coffee giant, Koninklijke Douwe Egberts BV (KDE), that its Vittoria glass...more

International Lawyers Network

Special Circumstances: Lessons from Canada’s Federal Court on Trademark Non-Use

A recent decision of the Federal Court, Trial Division in Little Brown Box Pizza, LLC v. DJB (2024 FC 1592) provides guidance on the question of special circumstances that can excuse an absence of trademark use in Section...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: USPTO Establishes New Surcharge for Late-Stage Continuation Applications

The U.S. Patent & Trademark Office published a final rule on November 20, 2024, that establishes a new surcharge for continuation applications filed well after their earliest benefit dates (EBDs). Beginning January 19, 2025,...more

McDermott Will & Emery

A Lesson in Judicial Principles: No Dismissal After Decision

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The US Court of Appeals for the Federal Circuit denied a patent owner’s motion to voluntarily dismiss the appeal following the Federal Circuit’s decision to vacate and remand the case to the Patent Trial & Appeal Board but...more

McDermott Will & Emery

Trademark Fee Increases: The TEAS Party Is Over

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After a lengthy public comment and review process, the US Patent & Trademark Office (PTO) announced trademark fee increases effective January 18, 2025. The goal of PTO fee setting is to provide sufficient financial resources...more

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