Intellectual Property

“Look and Feel” of a Website can Constitute Protectable Trade Dress

In a recent case involving maternity belly band companies, the U.S. District Court for the Northern District of California found that a website’s “look and feel” constitute protectable trade dress under the Lanham Act.

The PTO vs. The Phantom Marks: A Ghost Story

A recent Trademark Trial and Appeal Board decision underscores the sometimes mystifying nature of phantom marks, marks in which one element is variable, which were all but banned by the USPTO in the late 90s.

Beer Is Not the New Wine: USPTO Again Rejects Beer Trademark Citing Wine Mark

Craft breweries are having increasing difficulty securing marks, and at least part of the issue is the USPTO’s insistence that beer and wine are similar goods that are likely to cause confusion. But it may be time for the Patent Office to take a more nuanced approach, Eugene M. Pak of Wendel, Rosen, Black & Dean LLP argues.

Trade Secrets As IP Strategy Keeps Looking Better

Recent court decisions that have narrowed the parameters of what will be deemed patentable have made many companies look more […]

Copyright Law Lagging Tech Breakthroughs

Copyright law is “completely out of whack” with current technology, and the present level of copyright protection under U.S. law […]

A “Promiscuous Licensor” Risks Losing Its Trademark

A Michigan appeals court issues a reminder that there is social responsibility inherent in a trademark, and that a mark […]

Keyword Ad Trademark Suits Still Need “Something More,” Despite Recent Ruling

If a company purchases a competitor’s trademark so it can appear online when someone searches for the competitor, it sounds […]

Lawyer Claims Her Blog Posts Are Copyrighted, Can’t Be Used Against Her

A lawyer who was cited with a disciplinary complaint for r statements she made on her blog attempted—unsuccessfully—to mount a […]

Patent Office Extends AFCP 2.0 and QPIDS Pilot Programs to September 2015

The After Final Consideration Pilot program (AFCP 2.0) and the Quick Path Information Disclosure Statement program (QPIDS), programs that could reduce patent expenses and shorten the patent process for automotive, manufacturing, and other companies, will be extended, USPTO announced.

Big Drop In Patent Suits, Thanks To Alice?

The number of patent lawsuits filed during September was 40 percent fewer than were filed in September of 2013. This […]

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