The US Patent and Trademark Office (USPTO) has introduced a new pilot program that will require certain patent applicants to make an affirmative decision about whether to proceed with examination of their applications. The...more
Operation Bluebird Inc. is attempting to take flight with its rival social media platform — "twitter.new" — by asking the U.S. Patent and Trademark Office to find that Elon Musk's X Corp. has abandoned its "Twitter" and...more
Like many of us, I spend way too much time each day reading the news feed on my phone. Recently I came across an article about “alpine divorce.” Of course, I clicked on this, thinking it would have stories of the European...more
I have written and spoken on ways to terminate easements when a property owner finds itself subject to an older easement that is impacting the development of a property. The first step is to review the terms of the written...more
In recent decision (Teel v. Teel), the Virginia Court of Appeals agreed with a lower court's decision that Sue Anderson Teel lost her right to a share of her late husband Gene “Bull” Atkins Teel’s estate because she...more
Elon Musk’s year of controversy continues as startup Operation Bluebird attempts to take flight with its rival social media platform — “twitter.new” — by asking the U.S. Patent and Trademark Office (USPTO) to find that Musk’s...more
Running a horse boarding business comes with its share of challenges. One of the most difficult situations is when a horse owner stops paying board and effectively abandons their horse at the stable....more
On November 21, 2025, United States Magistrate Judge Valerie Figueredo recommended that the Court conclude that Plaintiff Sholem Weisner’s conduct in “reviving the ’165 patent constituted inequitable conduct” because, inter...more
Welcome to the November 2025 issue of Sterne Kessler’s MarkIt to Market® newsletter. This month, we discuss a cautionary tale for adopting an “abandoned” mark and explore monetary damages that can be awarded in trademark...more
On July 17, 2024, the Canadian Intellectual Property Office (CIPO) launched a new electronic system and portal, MyCIPO Patents, as part of its Next Generation Patents initiative. While the platform will be extremely helpful...more
A recent decision from the Canadian Federal Court of Appeal (FCA) underscores the importance of implementing multi-layered patent docketing systems to prevent the loss of rights due to unpaid maintenance fees. ...more
On July 17, 2024, the Canadian Intellectual Property Office (CIPO) launched a new electronic system and portal, MyCIPO Patents, as part of its Next Generation Patents initiative. The launch has been fraught with difficulties,...more
Securing a federal trademark registration is a major milestone—but it is not the end of the journey. To keep your rights strong and enforceable, you need to maintain the registration and actively protect the mark in the...more
Many politicians have been paying increasing attention to no-fault divorce. It began in 1969 when then-Governor Ronald Reagan signed it into law in California. Afterward, states across the country started implementing it....more
In Matco Tools Corporation v Canada (Attorney General), 2025 FC 118 (Matco Tools), the Federal Court found that a decision by the Commissioner of Patents to refuse to reinstate a patent application following the failure to...more
Physicians and other healthcare providers often find themselves in situations in which they no longer want to care for a patient. It may be that the patient is disruptive, noncompliant, or is unable or refuses to pay for his...more
On December 20, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) upheld FERC’s order authorizing Stingray Pipeline Company, L.L.C. (“Stingray”) to abandon a portion of its...more
If an employee is unable to work or suffers a wage loss as the direct result of an impairment arising from an injury or occupational disease, the employee is entitled to receive compensation under this section, provided the...more
On November 26, 2024, the Supreme Court of Ohio issued its long-awaited decision in AutoZone Stores, Inc. v Indus. Comm., reversing the Tenth District’s interpretation of R.C. 4123.56(F) and indirectly restoring the...more
The Ohio Supreme Court issued its opinion yesterday (November 26, 2024) in the AutoZone case (State ex rel. AutoZone Stores, Inc. v. Indus. Comm., Slip Opinion No. 2024-Ohio-5519). The decision is favorable to employers who...more
The US Court of Appeals for the Federal Circuit affirmed a district court decision dismissing claims under the Administrative Procedure Act (APA) and Federal Tort Claims Act (FTCA) against the US Patent & Trademark Office...more
The US Court of Appeals for the First Circuit affirmed a district court’s summary judgment decision finding that the prior owner of a trademark for fresh chicken had abandoned the mark by failing to use it for three years and...more
Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Fourth...more
The untimely death of rapper Takeoff, a member of the Grammy-nominated hip-hop trio Migos—also consisting of rappers Quavo and Offset—left fans, family, and the music industry in shock. Born Kirshnik Khari Ball, Takeoff’s...more
In late May, the Supreme Court of Canada (the SCC) denied an application for leave to appeal a decision of the Court of Appeal of Alberta (the ABCA), which, in turn, had denied leave to appeal of the decision of the Court of...more