“One man’s legally sanctioned privateer is another man’s pirate.” [James Wadsworth, Global Piracy: A Documentary History of Seaborne Banditry (2019), at p. 8] We live in a time of contradictions and confusion, and today we aim to explore how some such tensions have manifested themselves in the area of intellectual property law. On the one … Continue Reading
The coronavirus pandemic has presented many challenges for those in the consumer packaged goods (CPG) space, and beyond. Supply chain disruptions, rapid migration of point-of-sale from brick-and-mortar outlets to online retail, and overall shifts in consumer preference, eating and cooking habits, and personal safety needs has required many CPG companies to reevaluate and reinvent their … Continue Reading
For the Patent and Trail Appeal Board (“PTAB”), the PTAB allows a petition for inter parties review (“IPR”) to request cancellation of claims in a U.S. patent. For an inter parties review of a patent, the PTAB institutes review and determines if claims of a patent are unpatentable. Can the PTAB cancel claims based on … Continue Reading
On March 31, 2020, the U.S. Patent and Trademark Office (USPTO) issued a notice concerning the waiver of certain trademark-related timing deadlines pursuant to Section 12004 of the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act). Powers Created by the CARES Act The CARES Act (which was signed into law by President Trump … Continue Reading
In the past several years, the food and beverage space has seen an explosion of innovation—alternative meat products, plant-based dairy and protein alternatives, CBD- and collagen-infused everything, and functional foods and beverages and containing everything from pre/pro/post-biotics to nootropic and adaptogenic herbs, just to name a few. And many of these innovations have led to … Continue Reading
In its unanimous April 23, 2020 opinion in Romag Fasteners v. Fossil, Inc., the Supreme Court made clear once and for all that a successful trademark plaintiff is not required to establish that the defendant’s infringement was willful to be entitled to an award of the infringer’s profits. In other words, profits may be disgorged … Continue Reading
A few weeks back, as remote working and social distancing were becoming the order of the day (and interesting phrase, given what quickly became the norm in many US states and cities, as executive orders abounded), my son tossed a statement in my direction that was both compliment and challenge: “Isaac Newton developed calculus, among … Continue Reading
Despite the COVID-19 closures and cancellations, some governmental intellectual property offices have not extended deadlines, so parties should remain mindful that protections for individuals and businesses should not be overlooked. Many patent and trademark offices around the world are providing relief for businesses that may have difficulty tending to their intellectual property filings due to other pressing COVID-19-related concerns; some … Continue Reading
United States Patent and Trademark Office-USPTO Currently, the USPTO is not offering extensions to patent and trademark application deadlines. The USPTO is, however, offering fee waivers to those affected by the coronavirus in the following situations:… Continue Reading
Suppose that you have an assignment of a copyright or a security agreement for a copyright. Are you required to record this assignment or security agreement against the copyright registration? Should you record this assignment or security agreement with the U.S. Copyright Office? The answer is YES! In the United States, 37 C.F.R. § 205 … Continue Reading
Businesses that have just about come to terms with the California Consumer Privacy Act (CCPA) may have more privacy rules and regulations to deal with going forward. Legislators in a number of other states across the country have recently proposed their own privacy bills. In many instances, these bills are similar to the CCPA, but … Continue Reading
Before you begin selling your products on a U.S. online marketplace like Amazon, Etsy or Rakuten, there are three intellectual property considerations to make: clearance, acquisition and enforcement. This article provides a summary of all three considerations and includes steps to take to help mitigate risk, decrease instances of infringers and position your product for … Continue Reading
For the Patent and Trial Appeal Board (“PTAB”), the Administrative Patent Judges (“APJs”) are appointed by the Secretary of Commerce in consultation with the Director of the United States Patent and Trademark Office. For an inter parties review of a patent, three APJs conduct the instituted review and determine if claims of a patent are … Continue Reading
Sending shockwaves across the collegiate landscape, California Governor Gavin Newsom signed SB 206, the Fair Pay to Play Act (the Act) on September 30, 2019. The Act takes aim squarely at the National Collegiate Athletic Association’s (NCAA) amateurism rules which prohibit student athletes from profiting from their athletic skill while in college and threatens to … Continue Reading
The Supreme Court handed down a unanimous copyright decision in March 2019 with implications for anyone involved in a copyright dispute, as well as for marketers and brands that create and use copyrighted materials. In Fourth Estate Public Benefit Corporationv. Wall Street.com, LLC (Fourth Estate), the Court resolved a long-standing split among the circuits over the requirement … Continue Reading
Tattoos, one of the oldest art forms in the world, are all over the legal news in recent years. The news runs the gamut from a tattooist suing a movie studio over replication of Mike Tyson’s facial tattoo in The Hangover II to artists looking to gaming companies for compensation for reproduction of tattoos appearing … Continue Reading
Sports and sports teams have a long history with intellectual property law and, more specifically, trademarks. Sports teams, colleges, and universities have long trademarked their names and logos, and have routinely and aggressively enforced those rights. In 1988 Pat Riley, then the head coach of the National Basketball Association’s Los Angeles Lakers, applied for a … Continue Reading
Suppose that you have an invention disclosure for a design of an article that you want to protect? When you review the invention disclosure, you notice that the design is ornamental, for example a pattern, on an article such as a chair. You draft and file a design patent application on the pattern described as … Continue Reading
A federal district court in California has awarded a $2.7-million default judgment to Kim Kardashian West in her lawsuit against a fast fashion online retailer that allegedly used her persona and likeness to sell its clothing, in part by repeatedly tagging her on Instagram and linking to the retailer’s e-commerce site. Kardashian West’s suit is … Continue Reading
An indefinite patent description will pass muster when pigs fly. In HIP, Inc. v. Hormel Foods Corporation et al., C.A. 18-615-CFC (D. Del. June 24, 2019), the United States District Court for the District of Delaware held that a patent failed to meet the requirement of 35 U.S.C. § 112 that a patent’s description must … Continue Reading
The use of artificial intelligence (AI) in the fashion and beauty industries — and the marketing of the same — has steadily gained traction over the last few years and it’s not hard to see why. AI provides a myriad of opportunities and potential applications within the fields of fashion and beauty, but it can … Continue Reading
Last month the Department of Justice’s Antitrust Division announced a landmark new policy to incentivize companies to develop robust antitrust compliance programs. For the first time, the Antitrust Division will now consider a company’s antitrust compliance program as a factor in evaluating whether or not to bring criminal charges against the company and its officers. … Continue Reading
Just when you thought it was over, another copyright infringement lawsuit involving a Marvin Gaye song is set for trial. The dust had barely settled on the infamous “Blurred Lines” case when a second suit, this time targeting world-famous pop star Ed Sheeran, took another step closer to trial. Similar to the prior case, the battleground being … Continue Reading
Since August 3, 2019, all foreign-domiciled U.S. trademark applicants, registrants and parties to proceedings before the United States Patent and Trademark Office’s (USPTO) Trademark Trial and Appeal Board must be represented by an attorney licensed to practice law in the U.S. (as defined in 37 C.F.R. § 11.1). Such U.S. licensed attorneys are required to both affirm that … Continue Reading
