Patently-O

AUGUST 22, 2022

For our patent law course today, the students read the Justice O’Connor unanimous opinion in Bonito Boats, Inc. Bonito Boats centers on a Florida statute prohibiting copying of unpatented boat hulls via direct molding. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law.

Patent Law 91

Patent Law Law Patent Invention 91

Patently-O

APRIL 17, 2024

In Dastar , the defendant had copied footage from an old television series that had entered the public domain, made minor edits, and sold the resulting videos as its own product without attribution to the original creators. The briefs also discuss, to a limited extend, patent law’s false marking statute, 35 U.S.C. §

False Advertising 115

False Advertising Advertising Advertising Patent 115

The TTABlog

DECEMBER 13, 2022

Most of the issued patents cited in this brief have expired, meaning that the disclosed features are in the public domain. To conclude that TBL can strip the public's right to copy and benefit from these features today would be antithetical to the pro-competitive objectives of both trademark and patent law.

Designs 96

Designs Design Advertising Advertising 96

43(B)log

FEBRUARY 19, 2022

President Ford couldn’t prevent others from copying bare historical facts. 102(b) doesn’t change the law but merely clarifies it, restating the basic idea/expression dichotomy, but that’s not about facts. Karp agrees that (c) is not like land, which preexisted the public domain and was acquired and distributed by gov’t. (c)

Copyright 59

Copyright Moral Rights Artwork Art 59