News & Analysis as of

Rebuttable Presumptions Intellectual Property Protection

Womble Bond Dickinson

Window Shade Bracket Design is Not Protectable Trade Dress

Womble Bond Dickinson on

The U.S. District Court for the Southern District of New York recently held that window shade systems designed for hiding wires in a power shade system and described as “clean” and “seamless” were not entitled to trade dress...more

Goodwin

Some Much-Needed (Applicant-Friendly) Clarification on Priority Claims at the European Patent Office

Goodwin on

On October 10, 2023, the Enlarged Board of Appeal of the European Patent Office (EPO) issued a consolidated decision in cases G1/22 and G2/22 clarifying a common issue regarding the validity of a priority claim made at the...more

MoFo Life Sciences

Retaining Your Patent Priority Date In Europe: Formal Priority Given A Rebuttable Presumption In Favor Of Applicant/Patentee

MoFo Life Sciences on

On October 10, 2023, the Enlarged Board of Appeal of the European Patent Office (EPO) issued a groundbreaking decision that reflects a major change in how formal priority is assessed at the EPO during examination and in...more

Holland & Knight LLP

Don't Forget IP Rights When Planning an Estate

Holland & Knight LLP on

As highlighted by a recent Trademark Trial & Appeal Board (TTAB) decision, Clementvision, Inc. v. Robert Clement, expressly including intellectual property rights in an estate plan can prevent complicated issues from arising....more

Jaburg Wilk

Congress Hands Trademark Owners New Tools to Fight Infringers and Challenge Fraudulent Registrations: The Trademark Modernization...

Jaburg Wilk on

The Trademark Modernization Act of 2020 (the “TMA”) was buried in the enormous COVID relief and stimulus bill (i.e., the Consolidated Appropriations Act for 2021), signed into law on December 27, 2020. The TMA amends federal...more

Dunlap Bennett & Ludwig PLLC

The 2020 Trademark Modernization Act Changing the Litigation Equation

The Trademark Modernization Act (TMA) is an amendment to the Lanham Act concerning trademark disputes, signed on Dec. 27, 2020. The TMA includes a number of changes and enhancements to trademark disputes. The changes...more

Lathrop GPM

Trademark Modernization Act of 2020

Lathrop GPM on

Congress has just passed the bi-partisan Trademark Modernization Act of 2020 (TMA), which amends the Trademark Act to provide new procedures for third-party submission of evidence relating to trademark applications, to...more

Ballard Spahr LLP

Manufacturers: Avoid this Issue—Register Your Trademarks!

Ballard Spahr LLP on

If you are a manufacturer and allow your distributors to use your unregistered trademarks without a contract, the Third Circuit just issued a decision that could help you retain ownership of those marks....more

McDermott Will & Emery

Court Fashions Hybrid Approach to Determining Whether Garment Designs Are Copyrightable - Varsity Brands et al. v. Star Athletica

McDermott Will & Emery on

Addressing for the first time the question of whether “cheerleading uniforms [are] truly cheerleading uniforms without the stripes, chevrons, zigzags, and color blocks” the U.S. Court of Appeals for the Sixth Circuit answered...more

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