Intellectual Property

Federal Caseload Bogged Down By Patent Litigation, Survey Finds

Patent cases and multidistrict litigation were two primary contributors to the federal district courts with the heaviest caseloads from June […]

ICANN Hauls In $26M From Domain Name Auctions

The global organization that controls web domain names, ICANN, has reported that it received more than $26 million from “last […]

Tech Firms Winning Troll Battle

Giants of Silicon Valley have turned the corner in their battle with patent assertion firms – also known as trolls […]

“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.