Intellectual Property

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

October 22, 2014

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

October 21, 2014

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

October 21, 2014

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

October 20, 2014

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

October 20, 2014

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

October 16, 2014

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

October 16, 2014

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?

October 15, 2014

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

Attorneys’ Fees Awarded to Small Business Patent Owner to Advance Considerations of “Compensation and Deterrence”

October 14, 2014

A recent case where attorney fees were awarded to the prevailing party after the defendant failed to withdraw a claim the District of Connecticut court found to be “frivolous,” is an example of the new cases going forward that may see attorney fees awarded following the SUprmee Court’s decision in Octane Fitness v. ICON Health & Fitness.

Study: Patent Trolls Are Still Cleaning Up In Court

October 13, 2014

Companies that produce no goods and profit by filing copyright suits, often referred to as trolls, took home three times […]

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