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28 May 2024, 3:24 am
The Lexmark analysis has "no meaningful, substantial difference" from the test traditionally applied by the CAFC: whether a trademark challenger has demonstrated "a real interest in cancelling the [registered trademarks at issue] and a reasonable belief that the [registered trademarks] are causing it damage. [read post]
28 May 2024, 12:47 am
Far be it from me to be a malcontent, but one problem we have around here is that the copyright and trademark statutes have changed very little to reflect the way we consume “content” today — or, worse, especially in the case of copyright, they represent a rearguard action amounting to denial of this change, […] The post How Web Content Consumption Has Evolved appeared first on LIKELIHOOD OF CONFUSION™. [read post]
26 May 2024, 12:44 am
In the recent years the case-law has clarified that emoticons and emojis cannot be registered as trade marks (see The IPKat here and here). [read post]
25 May 2024, 4:53 pm
” In many cases, the existence of a trade secret is not obvious. [read post]
25 May 2024, 8:23 am
In attempts to speed up their legal research, these lawyers used generative AI tools like ChatGPT and Google Bard that “hallucinated” nonexistent case law. [read post]
24 May 2024, 9:30 pm
Wheble (1771): A New “First” Trademark Case at Common Law in The Docket. [read post]
24 May 2024, 10:37 am
The article provided my commentary on the top ten losers, with exemplary cases. [read post]
22 May 2024, 10:00 pm
In the recent decision Ex parte Chamberlain , Appeal 22-1944 ( Xencor ), the United States Patent and Trademark Office’s new Appeals Review Panel provided clarity regarding its stance on means-plus-function claims. [read post]
22 May 2024, 10:00 pm
In the recent decision Ex parte Chamberlain , Appeal 22-1944 ( Xencor ), the United States Patent and Trademark Office’s new Appeals Review Panel provided clarity regarding its stance on means-plus-function claims. [read post]
22 May 2024, 10:00 pm
In the recent decision Ex parte Chamberlain , Appeal 22-1944 ( Xencor ), the United States Patent and Trademark Office’s new Appeals Review Panel provided clarity regarding its stance on means-plus-function claims. [read post]
22 May 2024, 10:00 pm
In the recent decision Ex parte Chamberlain , Appeal 22-1944 ( Xencor ), the United States Patent and Trademark Office’s new Appeals Review Panel provided clarity regarding its stance on means-plus-function claims. [read post]
22 May 2024, 10:00 pm
In the recent decision Ex parte Chamberlain , Appeal 22-1944 ( Xencor ), the United States Patent and Trademark Office’s new Appeals Review Panel provided clarity regarding its stance on means-plus-function claims. [read post]
22 May 2024, 10:00 pm
In the recent decision Ex parte Chamberlain , Appeal 22-1944 ( Xencor ), the United States Patent and Trademark Office’s new Appeals Review Panel provided clarity regarding its stance on means-plus-function claims. [read post]
22 May 2024, 4:50 am
Thank you, Ted Davis, for permitting me to post a link (here) to your article, "Recent Developments in United States Trademark and Unfair Competition Law. [read post]
21 May 2024, 12:21 pm
In one case, two lawyers were sanctioned for submitting non-existent AI-generated judicial opinions with fake quotes and citations, without properly verifying the accuracy of such citations. [read post]
21 May 2024, 12:21 pm
In one case, two lawyers were sanctioned for submitting non-existent AI-generated judicial opinions with fake quotes and citations, without properly verifying the accuracy of such citations. [read post]
21 May 2024, 12:21 pm
In one case, two lawyers were sanctioned for submitting non-existent AI-generated judicial opinions with fake quotes and citations, without properly verifying the accuracy of such citations. [read post]
21 May 2024, 11:45 am
Implications of the Case The outcome of this case holds wide implications for the protection of intellectual property rights and the maintenance of brand integrity in a competitive marketplace. [read post]
21 May 2024, 3:30 am
The Board, however, observed that the evidence showed individuals and businesses using this slogan in a non-trademark manner. [read post]
20 May 2024, 5:00 pm
Patent and Trademark Office Opens Internal Search; The Ombuds Institute Offers New Training: Case Studies; COFO Updates Governance Structures. [read post]
