IP Law 360

NOVEMBER 14, 2022

The Ninth Circuit on Monday solidified a trademark win by former Politico reporters who started Punchbowl News, ruling that the publication's use of a Boston party and event planning startup's "Punchbowl" trademark is beyond the Lanham Act's scope.

Public Use 40

Public Use Reporting Trademark 40

IPilogue

MARCH 27, 2023

Although the original Mickey Mouse’s copyright protection will expire at the end of 2023, Disney will still be able to protect the Mickey Mouse brand through trademark law. Mickey Mouse is protected as Disney’s property because it is a registered trademark.

Public Domain 105

Public Domain Copyright Law Copyright Registering Trademarks 105

LexBlog IP

NOVEMBER 7, 2021

The United States Patent and Trademark Office (USPTO) grants patents to inventions every day. Usefulness: This is a low bar to meet, fortunately. It doesn’t mean the invention has to provide some important use. Not every application succeeds in becoming a granted patent, though.

Patent 40

Patent Invention Patent Application Public Use 40

IPilogue

MARCH 27, 2023

Although the original Mickey Mouse’s copyright protection will expire at the end of 2023, Disney will still be able to protect the Mickey Mouse brand through trademark law. Mickey Mouse is protected as Disney’s property because it is a registered trademark.

Public Domain 40

Public Domain Copyright Law Copyright Registering Trademarks 40

LexBlog IP

FEBRUARY 14, 2023

A company can use a unique typeface to convey pretty much anything on any of its products, its advertising, its website, and any other place a company would publicly use the written word. Recent law suggests that a unique typeface could function as a signifier of origin, or in other words, as a trademark.

Design Patent 52

Design Patent Designs Design Patent 52

43(B)log

FEBRUARY 19, 2022

At least in its “explicit falsity” prong, though, Rogers tailors potential liability for noncommercial speakers more closely to classic fraud, excluding most noncommercial speech from trademark liability. The answers are yes, no, and sometimes, a list both comprehensive and dismaying. But there are several remaining problems.

Trademark Law 72

Trademark Law Trademark Art Branding 72

The TTABlog

AUGUST 1, 2023

Genericness: The Board found that the word “sneaker(s)” is generic for retail services featuring sneakers because it is a term that the relevant public uses or understands to refer to a key aspect or subcategory of the genus, which Nike did dispute. Nike submitted numerous articles showing use of SNKRS as a trademark.

Designs 52

Designs Design Public Use Advertising 52

The TTABlog

APRIL 21, 2022

The Board observed that "any term that the relevant public uses or understands to refer to the genus of goods, or a key aspect of a sub-group of the genus, is generic." Respondent argued that its use of the "TM" symbol, and use of that symbol by its students, shows the the term is a trademark.

Registration 52

Registration Public Use Art Trademark 52

43(B)log

JULY 1, 2022

Pennsylvania right of publicity: Pennsylvania protects the name or likeness of any natural person that has commercial value and is used for any commercial or advertising purpose without written consent. That is, the likeness must be distributed to members of the public in a way calculated to bring in money.

Advertising 59

Advertising Advertising False Advertising Public Use 59

IP and Legal Filings

JULY 8, 2022

b) an industrial design that is contrary to public order or morality. (b) c) illicitly affixes on products, advertisements, trademarks, containers or other object indications that may lead to believe that the object is a registered industrial design.

Registration 68

Registration Designs Design Copying 68

LexBlog IP

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. enablement).

Invention 52

Invention Confidentiality Privacy Public Use 52

LexBlog IP

OCTOBER 25, 2022

Patent and Trademark Office (USPTO) recently published a request for comments addressing a variety of topics related to generic drug and biosimilar competition.

Invention 52

Invention Patent Prosecution Art Patent 52

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 5, 2022

Unlike inter partes reexamination, post-grant review can be sought based on any grounds that can be used to challenge the validity of a patent claim (with the exception of failure to disclose the best mode).

Litigation 52

Litigation Settlement Patent Public Use 52

Larson & Larson

FEBRUARY 13, 2021

It’s the legal term for ‘thing that is exactly like my thing that was in the public before I made my thing.’ The term covers anything that was sold in public, used publicly, described in a magazine or similar publication, or already has a patent on file with the patent office.

Art 52

Art Patent Invention Patent Application 52

LexBlog IP

JULY 5, 2022

A novel design is entitled to a patent unless it is has been (1) described in a printed publication; (2) in public use; or (3) on sale more than one year prior to the date of the application of the patent. [9]. Additionally, remedies available for trade dress infringement are the same as trademark infringement. [24].

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

Above the Fold

JULY 5, 2022

A novel design is entitled to a patent unless it is has been (1) described in a printed publication; (2) in public use; or (3) on sale more than one year prior to the date of the application of the patent. [9]. Additionally, remedies available for trade dress infringement are the same as trademark infringement. [24].

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

Kashishipr

NOVEMBER 10, 2021

To Facilitate Governmental Use : The governmental use of a patent is regarded as based on ’eminent domain,’ which means that the government can acquire private property to make public use possible.

Licensing 105

Licensing Invention Intellectual Property Marketing 105

LexBlog IP

JANUARY 5, 2022

And, it goes like this–the relevant concept in the United States is that a person shall “ no[t] be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The parties are currently engaged in supplemental expert discovery on Hospira and Pfizer’s on-sale bar and public use defenses, and the court has resolved two discovery disputes this year stemming from these issues. 9,643,997, which is directed to protein purification. A jury trial is scheduled for May 17, 2021.

Litigation 52

Litigation Settlement Marketing Marketing 52