Trademark and Copyright Limits: Lessons from Eleanor and Rapunzel Please join us Monday, June 09, 2025, at noon where we will discuss two recent decisions made by the U.S. Court of Appeals for the Federal Circuit, and the Ninth Circuit U.S. Court of Appeals. Eleanor vs. Shelby: The Legal Showdown Over a Hollywood Legend [...]
Trademarks - False Connections and the Color Green Please join us Monday, May 19, 2025, at noon where we will discuss two recent decisions made by the U.S. Court of Appeals for the Federal Circuit. In In Re Thomas D. Foster APC, No. 23-1527 (Fed. Cir. 2025), the Fed. Cir. affirmed the TTAB’s refusal of Thomas [...]
Boots and Car Washes – Trade Dress and Convoyed Sales Please join us Monday, April 21, 2025, at noon where we will discuss two recent decisions in trademark and patent law. First, we will discuss the Fourth Circuit case TBI Licensing v. Vidal, where the makers of the iconic Timberland boot sought trade dress protection. [...]
Descriptive Marks and Patent Provisional Rights Please join us Monday, April 14, 2025, at noon where we will discuss two recent decisions made by the U.S. Court of Appeals for the Federal Circuit, one dealing with the long-felt distinctiveness issue and the other dealing with post-expiration issuance of a patent. In In re Forest, No. [...]
Patent suits can be like the War of the Roses, or Bleak House. Though most patent suits end pretty quickly, high value cases often pend for a long time. Our firm represents a patent owner in one such suit. Bleak House cover In November 2013, our client Applications in Internet Time, LLC sued [...]
Surviving a 12(b)(6) Motion to Dismiss and Making False Advertisements Please join us Monday, October 21, 2024, at noon where we will discuss two recent decisions made by the U.S. Court of Appeals for the Federal Circuit in Alexsam, Inc. v. Aetna, Inc., No. 22-2036 (Fed. Cir. 2024) where the court found in favor of [...]
Please join us Monday, October 14, 2024, at noon, where we will discuss how a panel of judges for the Second Circuit ruled that purchasing a competitor's trademark as a keyword, without also establishing a likelihood of confusion, does not necessarily amount to trademark infringement, in the 1-800 Contacts case that was newly decided this [...]
Please join us Monday, September 16, 2024, at noon where we will discuss two recent decisions made by the U.S. Court of Appeals for the Federal Circuit in Softview, LLC v. Apple Inc. et al., No. 2023-1005, 2023-1007 (Fed. Cir. July 26, 2024), and Voice Tech Corp., v. Unified Patents, LLC 2022-2163 (Fed Cir. August [...]
Federal Circuit Dismantles “Rigid” Rosen-Durling Test for Design Patent Obviousness in Light of KSR; USPTO Promptly Issues New Guidance On February 5, 2024, the Federal Circuit sat en banc to hear oral arguments in a closely watched case concerning design patent obviousness standards in a dispute between LKQ (an aftermarket auto-parts provider), and General Motors [...]
Inventorship Determinations in the Era of AI-Assisted Inventions The evolution of artificial intelligence from traditional predictive algorithms to modern generative AI poses unique challenges to our understanding of inventorship. Unlike its predecessors, generative AI can create novel, original content by identifying patterns in data—a process strikingly similar to human invention. A pivotal moment in patent [...]