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19 Jan 2024, 6:00 am
While this conduct can sometimes be obvious, this is not always the case. [read post]
19 Jan 2024, 4:56 am
Topics could include patent filing, copyright laws, and trademark registration. [read post]
TTAB Affirms Refusal to Register Blue Bundle of Dental Floss Due to Lack of Acquired Distinctiveness
19 Jan 2024, 4:15 am
" In any case, Loops claimed acquired distinctiveness under Section 2(f),"thereby tacitly conceding the lack of inherent distinctiveness. [read post]
18 Jan 2024, 5:14 pm
Patent and Trademark Office’s (USPTO’s) stance that the Supreme Court decision applies across the board without regard to technology, and instruct USPTO personnel to continue to use the Wands factors when assessing enablement. [read post]
18 Jan 2024, 1:24 pm
[xii], where ChatGPT created cases for the lawyer representing the Plaintiff in support of its case. [read post]
18 Jan 2024, 10:46 am
In many cases, trademarks may actually misinform consumers by masking the identity of the producer or its distanced relationship with the trademark owner. [read post]
18 Jan 2024, 10:00 am
In most cases, reverse engineering is legal. [read post]
18 Jan 2024, 9:00 am
Franchising generally occurs any time there is an oral or written agreement for (1) the buyer to use or associate with the sellers trademark; (2) the seller to exert certain control or provide certain assistance; and, (3) the buyer to pay for the association. [read post]
18 Jan 2024, 8:01 am
” (Just imagine if courts treated trademark harm theories this way!) [read post]
16 Jan 2024, 9:32 am
First Amendment Neglect in Supreme Court Intellectual Property Cases Mark A. [read post]
16 Jan 2024, 4:00 am
The case deals with the ownership and alleged infringement of two trademarks: WALLSTREETBETS and WSB. [read post]
16 Jan 2024, 2:22 am
On 20 December 2023, the UK Supreme Court handed down its highly anticipated judgment in the case of Thaler v Comptroller-General of Patents, Designs and Trademarks [2023] UKSC 49, unanimously ruling that only a natural person can be named as an inventor on a patent application. [read post]
15 Jan 2024, 7:48 am
Many pending cases had no update, but we can expect the courts to now be back in full swing going into the heart of winter. [read post]
15 Jan 2024, 3:29 am
On AG Szpunar’s Opinion in Case C-801/22 P BASMATI was the first of the appeals to the CJEU in the three „Brexit cases“. [read post]
14 Jan 2024, 9:15 am
Elster, No. 22-704, the United States Supreme Court has heard argument and is expected to decide in the next several months whether Section 2(c) of the Lanham Act can prevent the federal registration of TRUMP TOO SMALL as a trademark for shirts and hats. [read post]
14 Jan 2024, 9:15 am
Elster, No. 22-704, the United States Supreme Court has heard argument and is expected to decide in the next several months whether Section 2(c) of the Lanham Act can prevent the federal registration of TRUMP TOO SMALL as a trademark for shirts and hats. [read post]
12 Jan 2024, 12:23 pm
In the recent breach of contract case in federal court in New York, we learn about what it takes for a copyright licensee to successfully assert that a warranty from the licensor as to copyright ownership has been breached. [read post]
12 Jan 2024, 10:20 am
Instead of asserting copyright and trademark claims, they tried trespass to chattels. [read post]
11 Jan 2024, 9:06 am
Intellectual property, including trademark, copyright, and patent registrations, trade secrets, and other proprietary information. [read post]
10 Jan 2024, 9:25 am
Citing to a 2023 case from the same district, Blair v. [read post]
