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Laches not available to defeat patent infringement damages claim: SCA Hygiene...
In a 7-1 decision on March 21, 2017, in the case of SCA Hygiene Products AB v. First Quality Baby Products LLC, the United States Supreme Court reversed an en banc decision of the Court of Appeals for...
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Copyright protection available to surface ornamentation of cheerleader’s...
On March 22, 2017, the United States Supreme Court in the case of Star Athletica LLC v Varsity Brands LLC affirmed a decision of the Sixth Circuit Court of Appeals that copyright protection could exist...
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A Multi-Layered Approach to Packaging Protection
The way in which a product looks or how it is packaged and sold can often be a driving force in the consumer’s purchasing decision. Yet, the intellectual property rights available for product designs...
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TC HEARTLAND LLC v. KRAFT FOODS GROUP BRANDS LLC
Introduction In its decision of May 22, 2017 in Heartland v. Kraft, the United States Supreme Court held that the specific venue provisions applicable to Patent infringement (28 U.S.C. 1400 (b))...
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Resistance is Futile: Axanar Productions settles with CBS and Paramount to...
Axanar will finally beam down to YouTube after CBS and Paramount Pictures (“Paramount”) reached a settlement with Axanar Productions to end all ongoing litigation regarding the Star Trek fan film....
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SPEEDY JUSTICE: TTAB REVERSES REFUSAL TO REGISTER CROSBY QUIC-TAG
In a non-precedential decision in In re The Crosby Group LLC, Serial 86780353 (April 17 2017), the Trademark Trial and Appeal Board (TTAB) held that there was no likelihood of confusion between the...
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IT STARTED WITH A MOUSE: TTAB REVERSES REFUSAL OF APPLICATION BY ME AND THE...
In a non-precedential decision in In re Me and the Mouse Travel LLC, Serial 76717725 (April 21 2017), the Trademark Trial and Appeal Board (TTAB) held that a mark combining the word ‘Mouse’ with the...
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UNITED STATES SUPREME COURT DECISION IN IMPRESSION PRODUCTS INC. V LEXMARK...
In 1628, Lord Coke in his “Institutes of the laws of England” summarized the common law on restraints on the alienation of chattels stating that any attempt by a seller to restrict resale or use of the...
View ArticleUNDER THE 2EA: TTAB HOLDS LITTLE MERMAID MERELY DESCRIPTIVE FOR DOLLS
In a precedential decision in In re United Trademark Holdings, Inc, Serial 86836082 (June 13 2017), the Trademark Trial and Appeal Board (TTAB) has held that LITTLE MERMAID used in connection with...
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SKIPPING THE PATENT DANCE: U.S. SUPREME COURT IN AMGEN v SANDOZ MAKES IT MORE...
On June 12, 2017, in a unanimous decision authored by Justice Thomas in Amgen Inc. v. Sandoz Inc., the United States Supreme Court considered the complex statutory scheme that attempts to expedite...
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GOOGLE INC. v. EQUUSTEK & THE SUPREME COURT OF CANADA
In the case of Google Inc. v. Equustek, the Supreme Court of Canada has upheld the grant of a preliminary injunction by the Court of Appeals of British Columbia ordering Google to de-index on a global...
View ArticleCHEERIOS YELLOW BOX REJECTED FOR TRADEMARK REGISTRATION
In a precedential decision on August 22 2017, the Trademark Trial and Appeal Board (TTAB) in In re General Mills IP Holdings II, LLC (Serial 86757390) held that the applicant did not provide sufficient...
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IT’S A BIRD, IT’S A PLANE, IT’S DILUTION BY BLURRING: TTAB SUSTAINS DC...
In a non-precedential decision in DC Comics v Deanna Rivetti (Opposition 91219851, August 17 2017), the Trademark Trial and Appeal Board (TTAB) sustained an opposition to the registration of...
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Technology Evolution in the Media Industry Supported by Pilot Program...
Media companies have changed the way they provide their goods and services to consumers as a result of ongoing evolutions in technology. A magazine that once distributed print copies may now provide...
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GENERIC TOP LEVEL DOMAINS MAY NOT BE GENERIC
In a ruling that could have implications for applicants seeking trademark registration for domain names comprised primarily of descriptive or generic wording, the US District Court for the Eastern...
View Article“So, Your U.S. Trademark Registration is Being Audited”
Frequently Asked Questions about the USPTO Trademark Registration Use Audit What does it mean that my U.S. trademark registration has been audited? The USPTO has issued an Office Action for the purpose...
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The European Union General Data Protection Regulation (GDRP): An Introduction
The European Union (EU) General Data Protection Regulation (GDPR 2016/679) will take effect on May 25, 2018. This regulation provides general guidance on what is needed for compliance, however many...
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DATA PRIVACY LAWS: WHAT CAN BE PROTECTED?
Data privacy laws throughout the world are directed to protecting information that can be used to identify an individual. How this information is defined varies based on the jurisdiction and different...
View ArticleAllegations of Use in U.S. Trademark Applications Based on Intent to Use
“Intent to use” (“ITU”) trademark applications must be successfully amended to allege use in U.S. Commerce before proceeding to registration. The applicant has six months from the issuance of a Notice...
View ArticleWhat qualifies as acceptable Use in U.S. Commerce?
The mark must be used “in Commerce” and in good faith in the ordinary course of trade. While the USPTO will generally not conduct an inquiry, the applicant must claim use that qualifies as “Use in U.S....
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