Patently-O

AUGUST 10, 2021

Feldman has also just published a short article in Nature Biotechnology titled Negative Innovation: When Patents are Bad for Patients. (Co-authored Nicholson Price (Michigan Law), David Hyman (Georgetown Law), and Mark Ratain (Chicago Med)). Generally the patent system has treated this is a FDA regulatory problem.

Patent 100

Patent Public Domain Marketing Marketing 100

The IPKat

JULY 22, 2021

The title of this book clearly sets out its premise: trademark protection has encroached into what used to be solely copyright’s domain, resulting in an undesirable over-protection of works which impoverishes the public domain and restricts others’ creative endeavours.

Trademark 57

Trademark Public Domain Copyright Cease and Desist 57

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? Which is the same as the problem of market definition, with which TM law has long grappled unsuccessfully and largely silently. Ramsey: BB is interesting because they used a public domain image on the shirt.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

The IPKat

DECEMBER 23, 2023

The other two chapters turn to the conceptualisation of nature in patent law. In 'Denaturing Bacteria', Daniel Schneider discusses the controversy over the patenting of biological sewage treatment and questions of the public interest.

Intellectual Property 73

Intellectual Property Designs Design Intellectual Property Law 73

43(B)log

JUNE 24, 2022

Other IP rights: utility patent creates presumption of functionality; wonders about whether presence of non-TM IP protection for ornamental features—design patent, ©--might create a presumption of mere ornamentality w/o further evidence of source signification. Why not have it across all consumer markets? Can we make any rules?

Trademark Law 75

Trademark Law Law Trademark Registration 75

The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws.

IP 132

IP Branding Brands Branding 132

Technology & Marketing Law Blog

NOVEMBER 27, 2023

The United States Patent and Trademark Office (USPTO) refused registration of “Trump Too Small” under Section 2(c) of the Lanham Act ( 15 USC 1052(c) ) because the phrase includes a living individual’s name without his written consent. VIP Products (2023) opinion and its other trademark cases.

Registration 74

Registration Trademark Blogging Law 74