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28 Feb 2024, 12:20 pm
While the USPTO’s examiner guidance doesn’t constitute substantive rulemaking, it traces 15 years of case law from the U.S. [read post]
28 Feb 2024, 11:24 am
Trademark law continues to slip from its moorings in subtle ways. [read post]
28 Feb 2024, 2:08 am
For the OLG Nuremberg, possessing the products for the purpose of offering and distributing them in Germany was a typical preparatory action which was also to be prohibited based on the German trademark, no matter where it took place (Decision of 29 November 2022 in Case 3 U 493/22). [read post]
28 Feb 2024, 2:07 am
Consequently, it concludes that it is up to the Boards of Appeal to evaluate any amendments presented and for them to judge as to whether the case is one of “appeal innovation”. [read post]
27 Feb 2024, 7:08 pm
The first multiple PTE case up-to-bat concerns Gilead Sciences Inc. [read post]
27 Feb 2024, 11:15 am
If you have an edge case or if it is unclear how the foregoing guidance applies to a particular fact pattern, it is best to review your particular facts directly in light of existing case law, such as Pannu, and governing statutes, such as 35 U.S.C. 101 and 35 U.S.C. 115. [read post]
27 Feb 2024, 7:12 am
The International Trademark Association (INTA) submitted an amicus brief asking the CJEU not to interpret the concept of "due cause" too broadly. [read post]
26 Feb 2024, 8:39 am
On February 13th, 2024, the Patent and Trademark Office published a notice on Inventorship Guidance for AI-Assisted Inventions in vol. 89 no. 30 of the Federal Register (89 FR 10043). [read post]
26 Feb 2024, 8:03 am
Those who profit from China and plan to stay in China so long as this is the case. [read post]
26 Feb 2024, 7:00 am
The crux of the case revolves around Blu Moo’s alleged unauthorized use of Baskin-Robbins’ intellectual property, including trademarks and trade dress, after the termination of franchise agreements. [read post]
26 Feb 2024, 4:37 am
Section 713 in Action The following case synopses illustrate some of the issues that arise in Section 713 challenges to self-interested director transactions in close corporations. [read post]
26 Feb 2024, 12:28 am
’s trademark. [read post]
25 Feb 2024, 5:27 pm
Whatever the case, Mickey’s move into the public domain is a historic event, and its effects remain untested. [read post]
25 Feb 2024, 3:42 pm
Liability and Safety: Determining liability in cases of harm caused by AI systems, such as autonomous vehicles or medical diagnosis tools. 5. [read post]
24 Feb 2024, 1:10 pm
We haven’t found a good way to intervene in the cases. [read post]
23 Feb 2024, 4:59 pm
Who gets to decide where cases go is important. [read post]
23 Feb 2024, 1:43 pm
They argue that trademark uses are more likely to infringe, and non-trademark-uses are less likely to infringe, but that using this dichotomy as an “approximate” in the interest of efficiency is outweighed by complications that render individual cases (specifically in the example of keyword purchases) distinct. [read post]
21 Feb 2024, 11:04 pm
The CJEU was adamant that that would be the case in decisions like Funke Medien, C-469/17 and Spiegel Online, C-516/17. [read post]
21 Feb 2024, 6:24 pm
by Dennis Crouch Earlier this month, the Federal Circuit issued a decision in the case of In re Chestek that, on its face, simply upheld the USPTO’s requirement that trademark applicants provide their domicile address. [read post]
21 Feb 2024, 9:28 am
Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions. [read post]
