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Favoring a Holistic Approach, the Federal Circuit Overturns TTAB Decision to Refuse Paw Print Logo

By Maryanne Stanganelli on Posted in Uncategorized
Last week, the United States Court of Appeals for the Federal Circuit reviewed a TTAB decision that had refused outdoor apparel company Jack Wolfskin’s application to register its paw print logo. Jack Wolfskin Ausrustung fur Draussen GmBH & Co. KGaA v. New Millennium Sports SLU, 14-1789 (Fed. Cir. August 19, 2015). New Millennium Sports SLU … Continue Reading

USPTO Updates Guidance on Subject Matter Eligibility

By Michael Stein on Posted in Uncategorized
[For background, see our prior posts on July 2, 2014, August 5, 2014, December 18, 2014, and March 23, 2015.] On July 30, 2015, the United States Patent & Trademark Office (USPTO) published an update to its 2014 Interim Guidance on Subject Matter Eligibility (2014 IEG) published on December 16, 2014.[1] Comments to the 2014 … Continue Reading

Ninth Circuit Draws Fine Line Around Fine Art Resale Royalties

By Dennis Cohen on Posted in Uncategorized
In a partial victory for artists such as Chuck Close and the Sam Francis Foundation—and for other visual artists who sold early works for rent money before establishing their name and value—the Ninth Circuit Court of Appeals last week resurrected part of a California law that enables fine artists to share in the profits from resale … Continue Reading

Jury Sees a Clear Line – Pharrell, Thicke Crossed It

By Andrew Alexander on Posted in Uncategorized
Pharrell Williams, famous for singing about how “Happy” he is, might be changing his tune these days. On March 10, a federal jury found him and fellow pop star Robin Thicke liable for copying Marvin Gaye’s popular song “Got to Give it Up,” resulting in one of the biggest music-infringement verdicts ever – $7.3 million. … Continue Reading

The Innovation Act of 2015: Congress Targets Patent ‘Trolls’ Again

By Margaret Abernathy on Posted in Uncategorized
On February 5, 2015, the House Judiciary Chairman, Rep. Bob Goodlatte (R-VA), flanked by a bipartisan group of his peers, reintroduced his “Innovation Act” (H.R. 9). The bill is the second time in as many years that the Republican-controlled House has introduced legislation aimed at curtailing the excesses of patent protection litigation. In mid-2014, the … Continue Reading

USPTO Urged to Revise Interim §101 Guidance to Require Examiners to Present a Proper Prima Facie Case Supported by Factual Evidence

By Michael Stein on Posted in Uncategorized
As previously reported, on December 15, 2014, the U.S. Patent and Trademark Office (USPTO) published a document titled “2014 Interim Guidance on Patent Subject Matter Eligibility” (Interim Guidance). This Interim Guidance was published as a notice for comments with the possibility of being revised, depending on public feedback. On March 16, 2015, two of the … Continue Reading

Use of Service Marks in Commerce: Making Good on Your Promises

By Kimberly M. Maynard on Posted in Uncategorized
In order to register a service mark—a trademark used to promote and sell services, as opposed to goods—with the United States Patent and Trademark Office (USPTO), the owner of the service mark must be using the mark in interstate commerce. A service mark is “used in commerce” when “it is used or displayed in the … Continue Reading

Does ‘Raging Bull’ Deliver Knockout to Patent Laches Defense?

By Andrew Alexander on Posted in Uncategorized
Under Federal Circuit case law, patent-infringement defendants may assert the laches defense – an equitable defense barring claims brought after an unreasonable delay. But the doctrine will soon square off in the Federal Circuit against a heavy hitter: “Raging Bull.” In 2014, the Supreme Court decided a copyright case about the popular boxing movie “Raging … Continue Reading

Trademark practice tip: Request Interlocutory Attorney attendance at discovery/settlement conferences in opposition proceedings to avoid costs of motions to strike affirmative defenses

Photo of Robert HorowitzBy Robert Horowitz on Posted in Uncategorized
In trademark opposition proceedings the affirmative defense of failure to state a claim is commonly pleaded, yet it is often an inappropriate affirmative defense. Other affirmative defenses that are severely limited in opposition proceedings include laches (consideration of this affirmative defense is taken as of the time an application is published for opposition purposes, not … Continue Reading

USPTO Announces New Lower Fee Schedule for Trademark Applications

By Farah Bhatti on Posted in Uncategorized
On January 17, 2015, the United States Trademark Office implemented a reduced fee schedule for newly filed applications. The Trademark Office has introduced an additional category of applications called the TEAS Reduced Fee, or TEAS RF, application. Previously, the Trademark Office allowed applicants to file only two types of applications: TEAS PLUS or a regular TEAS application. … Continue Reading

USPTO Issues “2014 Interim Guidance on Patent Subject Matter Eligibility”

By Michael Stein on Posted in Uncategorized
On December 15, 2014, the USPTO published a document titled “2014 Interim Guidance on Patent Subject Matter Eligibility” (Interim Guidance). The new Interim Guidance follows the previous preliminary examination instructions issued on June 25, 2014, in view of CLS v. Alice (2014), and was published as a notice for comments and may therefore be updated … Continue Reading

Don’t Miss the Window for Post-Grant Review: Monitor Your Competitors by Creating Alert Systems

By Harold Fullmer, Han Gim and Alaina Renz on Posted in Uncategorized
The U.S. Patent and Trademark Office has new and popular procedures for challenging the validity of (in other words, killing) a competitor’s patent. The most powerful procedure, a Post-Grant Review (PGR), must be filed within nine months of the grant or “issue date” of any patent with a priority date of March 16, 2013, or … Continue Reading

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part V

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. and Alan M. Pate on Posted in Uncategorized
In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice.  After canvassing the many faces of native advertising and the applicable law, the series ultimately examines the pervasive assumption … Continue Reading

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part IV

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. and Alan M. Pate on Posted in Uncategorized
In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice.  After canvassing the many faces of native advertising and the applicable law, the series ultimately examines the pervasive assumption … Continue Reading

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part III

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. and Alan M. Pate on Posted in Uncategorized
In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice.  After canvassing the many faces of native advertising and the applicable law, the series ultimately examines the pervasive assumption … Continue Reading

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part II

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. and Alan M. Pate on Posted in Uncategorized
Editor’s Note: This blog post was originally published on September 8, 2014, courtesy of iMedia Connection’s Blog. It is repurposed with permission. In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the … Continue Reading

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part I

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. and Alan M. Pate on Posted in Uncategorized
Editor’s Note: This blog post was originally published on September 2, 2014, courtesy of iMedia Connection’s Blog. It is repurposed with permission. In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues … Continue Reading
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