Archives: Intellectual Property

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A Recent Entrance to Copyright Protection: Can AI Qualify as an Author Under U.S. Copyright Law?

Photo of Cory BarnesPhoto of Ashtar AbboudBy Cory Barnes and Ashtar Abboud on Posted in Intellectual Property
Should copyright protection be given for AI-generated inventions? Stephen Thaler, the president and CEO of Imagination Engines, thinks so. The Complaint In 2018, Thaler filed an application to register a copyright for an AI-generated work produced by one of his AI systems, the Creativity Machine. The work, titled “A Recent Entrance to Paradise,” is part … Continue Reading

New Lower Trademark Examination Evidentiary Standard for Genericness Refusals at the USPTO

Photo of Deborah A. WilcoxPhoto of Megan MischlerBy Deborah A. Wilcox and Megan Mischler on Posted in Intellectual Property
The United States Patent and Trademark Office recently issued an Examination Guide clarifying the standard for refusing trademark applications on genericness grounds. Like other substantive refusals, to establish a prima facie case of genericness, the examining attorney must provide “sufficient evidence” to support a reasonable predicate for the refusal. Prior to this clarification, the Trademark … Continue Reading

.SUCKS’ Luck Sucks: Federal Circuit Affirms Refusal to Register .SUCKS for Failure to Function

Photo of Lesley GrossbergBy Lesley Grossberg on Posted in Intellectual Property
On Feb. 2, 2022, the Federal Circuit decided In re Vox Populi Registry Ltd., an appeal from the Trademark Trial and Appeal Board’s (Board) affirmance of the refusal to register a stylized version of the term .SUCKS. Vox Populi operates the registry for the .SUCKS generic top-level domain, offering domain names ending in “dot sucks” … Continue Reading

Federal Circuit Hints at Easier Service of Process on Foreign Defendants

Photo of Cory BarnesBy Cory Barnes on Posted in Federal Circuit, Intellectual Property, Patent, Patents
In a recent decision, In re: OnePlus Technology (Shenzhen) Co., Ltd., Case. No. 21-165, Dkt. 20, the Federal Circuit denied China-based smartphone maker OnePlus’ petition for mandamus seeking to direct a Western District of Texas court (Judge Alan Albright) to dismiss the five underlying patent infringement actions for insufficient service of process. The Federal Circuit … Continue Reading

Lost Profits or Disgorgement?

Photo of Chunmeng YangBy Chunmeng Yang on Posted in Intellectual Property, Trademark
In trademark infringement cases involving competitors, the plaintiff typically seeks damages in the form of lost profits once infringement has been proven. The purpose of “lost profits” is to compensate the plaintiff for its losses. In contrast, disgorgement requires a defendant to give up all profits it has made as a result of illegal or … Continue Reading
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