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Searching Content from United States indexed under Intellectual Property ordered by Published Date Descending.
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1
Warning: Make Sure Your "Work For Hire" Agreement Is Signed In Advance
The "work made for hire" doctrine is a fundamental aspect of U.S. copyright law. It allows someone paying for the creation of a copyrightable work to own the copyright in that commissioned work.
United States
21 Oct 2019
2
Understanding Foreign Filing License Requirements
Each country has unique foreign filing license requirements. Here's a look at the restrictions in the U.S. and other countries.
United States
21 Oct 2019
3
The Bio/Pharma Beat - October 2019
The appellants filed this patent infringement suit in the Western District of Texas. The district court found improper venue, and transferred the case to Delaware.
United States
21 Oct 2019
4
Insta-Mural Infringement: Public Art In Instagram Ad Leads To Copyright Claim
As regular readers of Socially Aware already know, there are many potential traps for companies that use photographs or other content without authorization from the copyright owners.
United States
21 Oct 2019
5
TTAblog Test: Is "RAINFOREST NUTRITION" Confusable With "RAINFOREST ANIMALZ" For Nutritional Supplements?
The USPTO refused to register the mark RAINFOREST NUTRITION for dietary and nutritional supplements [NUTRITION disclaimed], finding a likelihood of confusion with the registered mark...
United States
21 Oct 2019
7
Patents Comparative Guide
Patents Comparative Guide for the jurisdiction of United States, check out our comparative guides section to compare across multiple countries
United States
21 Oct 2019
8
Don't Save New Fish To Fry In Reply
In Henny Penny Corp. v. Frymaster LLC (Fed. Cir. 2019), the Federal Circuit again upheld the PTAB's application of its rule prohibiting petitioners from raising new arguments in a reply brief
United States
18 Oct 2019
9
TTABlog Test: Is INTEGRATED PERFORMANCE CARE SYSTEMS Confusable With This Word+Design Mark For Chiropractic Services?
The USPTO refused to register the mark INTEGRATED PERFORMANCE CARE SYSTEMS for, inter alia, chiropractic services [CARE SYSTEMS disclaimed], finding a likelihood of confusion with the registered
United States
18 Oct 2019
10
USPTO To Tweak PTA Rules In View Of Supernus
In Supernus Pharmaceuticals, Inc. v. Iancu, the Federal Circuit held that the USPTO cannot charge a Patent Term Adjustment (PTA) deduction for "applicant delay"
United States
18 Oct 2019
11
Oh! Mega Liability For Landlords Under Second Circuit's Recent Trademark Infringement Ruling In Omega SA v. 375 Canal LLC
In March 2019, after a seven-year-long legal battle, a Manhattan jury found defendant landlord 375 Canal LLC contributorily liable for trademark counterfeiting and infringement and awarded Omega...
United States
18 Oct 2019
12
In Cases Involving Publicity Rights And The Intellectual Property Exclusion, Facts, Not Labels Of Causes Of Action, Are Relevant To Coverage Analysis
We recently highlighted several rulings in favor of policyholders where an insurer had disputed its duty to defend underlying claims ranging from misappropriated trade secrets to infringed trademarks
United States
18 Oct 2019
13
PTAB Focuses On Customer/Supplier Relationship In 314(a) Denial
Extending a trend started last spring, the PTAB is looking more closely at AIA trial petitions coming from separate parties.
United States
18 Oct 2019
14
Rogers Gets A Rewrite: District Court Modifies First Amendment Analysis For Lanham Act Claims
Since the 1989 case of Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989), courts have applied the Rogers test when an artistic work is alleged to have infringed...
United States
18 Oct 2019
15
Today's Special: Validity Goulash – Serving Up 101 In The Mechanical Arts
A divided Federal Circuit, in a precedential opinion, upheld a lower court's finding that the claims of US Patent No. 7,774,911 ineligible for patenting under Section 101...
United States
18 Oct 2019
16
Federal Circuit Holds Lack Of Efficacy Data Defeats ‘Substantial Evidence' Showing Of A Reasonable Expectation Of Success Needed To Support PTAB'S Finding Of Obviousness
In a precedential opinion, the Federal Circuit reversed a Patent Trial and Appeal Board (PTAB) finding of obviousness invalidating a patent's method claims for administering a drug...
United States
18 Oct 2019
17
Clinical Trials As Genuine Trademark Use – Timing Is Everything
Viridis Pharmaceutical Ltd.'s (Viridis) use of BOSWELAN in connection with clinical trials for a drug to treat multiple sclerosis was held to be insufficient evidence of genuine use to defeat a non-use cancellation action ...
European Union
18 Oct 2019
18
Opening a Can of Worms for Design Patent Obviousness?
Design patent obviousness requires a heavy threshold burden of proof. Challengers have to find a "primary reference," i.e., prior art that has "basically the same"
United States
17 Oct 2019
19
We Got The Beet: Trademark Claims And Puns
In LTTB LLC v. Redbubble, Inc., plaintiff LTTB, an online apparel company, contended its success was "largely due to public fascination with its Lettuce Turnip the Beet trademark," ...
United States
17 Oct 2019
20
USPTO Ramping Up Trademark Proof Of Use Audit Program With More Staff And More Audits
The USPTO has recently announced big changes to their Proof of Use Audit Program, including increases to the number of trademark registration audits ...
United States
17 Oct 2019
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