Tag: Howard & Howard

Can Design Patents Be Invalidated?

By Daniel H. Bliss of Howard & Howard on Posted in Legislation, Patent Infringement, Patents, United States
Suppose you have a design for an ornamental appearance of an article and start producing the article. Subsequently, you receive notice from an owner of a design patent that you are infringing their patent. You conduct a prior art search and find some references related to the design. Can you invalidate the design patent through … Continue Reading

Copyright Infringement before the Copyright Claims Board?

By Daniel H. Bliss of Howard & Howard on Posted in Copyright, Protection & Enforcement, United States
Suppose you have not registered your copyright in a book with the U.S. Copyright Office until someone has infringed your copyright by copying substantial portions of your book. Let’s also suppose you can prove that the alleged infringer has infringed your work and you can prove that the infringement caused you lost sales, lost opportunities … Continue Reading

Why Creators Need to Pay Close Attention to the SCOTUS Andy Warhol Infringement Case

By Joseph Barber of Howard & Howard on Posted in Case Studies, Copyright, Famous Marks, Protection & Enforcement, United States
The US Supreme Court in March decided it will revisit a dispute over pop artist Andy Warhol’s images of Prince. In taking up the case, Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Court aims to more clearly define the scope of what’s known as “fair use” in US copyright law. The … Continue Reading

Can a Copyright Registration be Invalidated based on Mistakes in the Copyright Application?

By Daniel H. Bliss of Howard & Howard on Posted in Case Studies, Copyright, Protection & Enforcement, United States
Suppose that you want to register your copyright by preparing and filing a copyright application with the U.S. Copyright Office. What if you were unaware that you made some mistakes in the copyright application and the copyright application issued into a copyright registration? You subsequently find that someone is infringing your copyright registration and you … Continue Reading

Damages for Copyright Infringement before You Register Your Copyright

By Daniel H. Bliss of Howard & Howard on Posted in Case Studies, Copyright, Protection & Enforcement, United States
Let’s suppose that you have not registered your copyright in a book with the U.S. Copyright Office and you find someone has infringed your copyright by copying substantial portions of your book.  Let’s also suppose you are able to prove that the alleged infringer has infringed your work and you have notified the alleged infringer … Continue Reading

Can You Register a Copyright on a Website or Web Page?

By Daniel H. Bliss of Howard & Howard on Posted in Case Studies, Copyright, Online Content, United States
Suppose that you have expressed your idea into a tangible form such as a website or web page.  Although your copyright exists upon the moment of creation, do you have a valid copyright on the website or web page?  Should you register your copyright on the website or web page with the U.S. Copyright Office?  … Continue Reading

Can Patent Claims be Held Indefinite for Failing to Disclose an Algorithm?

By Daniel H. Bliss of Howard & Howard on Posted in Case Studies, Patents, United States
Suppose that you want to obtain a patent for an invention and, in your claims of the patent application, you recite terms as a structure with functional language or means-plus-function language.  What if this language requires an algorithm to carry out the function and you fail to disclose the algorithm in your patent application?  Can … Continue Reading

Can You Register a Copyright on a Short Work of Words and Artistic Designs?

By Daniel H. Bliss of Howard & Howard on Posted in Case Studies, Copyright, United States
Suppose that you have expressed your work into a tangible form such as a short expression of words and artistic designs.  Although your copyright exists upon the moment of creation, does the work contain a sufficient amount of authorship on which to base a claim for a copyright registration?  Should you register the copyright on … Continue Reading

Can Patent Claims be Cancelled Based on Indefiniteness by the PTAB during an IPR?

By Daniel H. Bliss of Howard & Howard on Posted in Case Studies, Legislation, Patents, United States
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

Should You Record a Transfer or Document against a Copyright?

By Daniel H. Bliss of Howard & Howard on Posted in Copyright, United States
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

Can Appointment of Administrative Patent Judges be Unconstitutional?

By Daniel H. Bliss of Howard & Howard on Posted in Case Studies, Patents, United States
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

Can Design Patents Be Limiting in Enforcement?

By Daniel H. Bliss of Howard & Howard on Posted in Case Studies, Patent Infringement, Patents, United States
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

Can Trademarks Be Primarily Geographically Descriptive?

By Daniel H. Bliss of Howard & Howard on Posted in Case Studies, Trademarks, United States
Suppose that you want to register a trademark that identifies a source of goods or services for your business.  What if the trademark describes a geographical area such as eastern?  Should you register your trademark with the U.S. Patent and Trademark Office?  Can you obtain a registration from the U.S. Patent and Trademark Office?  The … Continue Reading

Can Similar Trademarks Coexist Peacefully?

By Daniel H. Bliss of Howard & Howard on Posted in Trademarks, United States
Suppose that you want to register a trademark that identifies a source of goods or services for your business.  You file a federal trademark application with the U.S. Patent and Trademark Office.  Subsequently, you receive an Office Action from the U.S. Patent and Trademark Office that initially refuses registration of your mark based on a … Continue Reading

Can Trademarks Violate Free Speech?

By Daniel H. Bliss of Howard & Howard on Posted in Famous Marks, Legislation, Trademarks, United States
Suppose that you want to register a trademark that identifies a source of goods or services for your business.  What if the trademark may be scandalous or disparage a particular group of people?  Should you register your trademark with the U.S. Patent and Trademark Office?  Can you obtain a registration from the U.S. Patent and … Continue Reading

Can You Register a Copyright on an Artistic Element in an Industrial Design?

By Daniel H. Bliss of Howard & Howard on Posted in Copyright, United States
Suppose that you have expressed your idea into a tangible form such as two-dimensional artistic elements incorporated into an industrial design.  Although your copyright exists upon the moment of creation, do you have a valid copyright?  Should you register your copyright on the two-dimensional artistic elements with the U.S. Copyright Office?  Can you stop a … Continue Reading

How to Avoid Having Your Patent Interpreted as a Covered Business Method (CBM) Patent

By Daniel H. Bliss of Howard & Howard on Posted in Patents, United States
Suppose that you have an invention disclosure that uses computers and the Internet to carry out transactions that could include financial transactions? When you draft your patent application, is there anything that you can do to avoid having your patent application and resulting issued patent from being interpreted as a covered business method patent?  The … Continue Reading

PLEADING PATENT INFRINGEMENT IN THE UNITED STATES?

By Daniel H. Bliss of Howard & Howard on Posted in Patent Infringement, Patents, United States
How do you plead patent infringement in the United States?  Can you survive a motion to dismiss if the defendant challenges the sufficiency of your complaint?  What should you do? Let’s say your client has a United States patent that is believed to be infringed by another party.  You do not rely on the client … Continue Reading

IS YOUR TRADEMARK MERELY DESCRIPTIVE?

By Daniel H. Bliss of Howard & Howard on Posted in Protection & Enforcement, Trademarks, United States
In the United States, a trademark can be refused registration on the Principal Register because the trademark is deemed merely descriptive.  If the trademark is not allowed for registration on the Principal Register, it may be eligible for registration on the Supplemental Register.  So, how do you determine if your mark is descriptive and which … Continue Reading

Can a 3-D Work of Artistic Craftsmanship be Protected by a Copyright?

By Daniel H. Bliss of Howard & Howard on Posted in Case Studies, Copyright, United States
Suppose that you create a unique three-dimensional display. You find out that your competitor has copied your three-dimensional display. Can you claim that the design of the display is a three-dimensional work of artistic craftsmanship to apply for a copyright registration to enforce against your competitor? The answer may be YES! Under 17 U.S.C. § … Continue Reading
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