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1
Prosecution Pointer 194
The Patents Ombudsman provides assistance to applicants and attorneys throughout the application process including initial filing...
United States
22 Oct 2019
2
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
3
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
4
Claim Language Could Limit Design Patent Where Specific Article Of Manufacture Not Shown In Figures
In Curver Luxembourg, SARL v. Home Expressions Inc., No. 2018-2214 (Fed. Cir. Sep. 12, 2019), the Federal Circuit held claim language could limit the scope of a design
United States
15 Oct 2019
5
The Boston Manifesto
During the 2019 IPBC Global conference in Boston, worldwide leaders in the legal, corporate and academic fields convened with Finnegan attorneys for a boardroom discussion
United States
15 Oct 2019
6
IPR Petitioner's Post-Institution Theories Differing From Those Raised In Petition May Be Disregarded
In Henny Penny Corp. v. Frymaster LLC, No. 2018-1596 (Fed. Cir. Sep. 12, 2019), the Federal Circuit held the Board did not abuse its discretion in rejecting a petitioner's obviousness theory ...
United States
14 Oct 2019
7
We Have Liftoff: Court Of Federal Claims Allows Copyright Infringement Suit Against NASA To Launch Fourteen Years After Initial Allegedly Infringing Act
The Court of Federal Claims ("CFC") recently held that claims of copyright infringement related to the distribution and display of a photograph posted online in 2004
United States
11 Oct 2019
8
In "Unusual" Step, Federal Circuit Reverses PTAB Factual Finding On Proper Primary Reference
The Federal Circuit took what it called an "unusual" step in Campbell Soup Co. v. Gamon Plus, Inc., Nos. 2018-2029, 2018-2030 (Fed. Cir. Sep. 26, 2019)
United States
11 Oct 2019
9
Prosecution Pointer 193
New applications ordinarily are taken up for examination in the order of their effective United States filing dates.
United States
11 Oct 2019
10
Balancing GDPR Rights And TM Owner Need For Domain Data
Trademark law serves two purposes. It protects the consuming public from confusion and counterfeits, as well as a brand owner's investment in valuable brand names.
United States
10 Oct 2019
11
Spotlight On Upcoming Oral Arguments – October 2019
The Court has been asked to consider whether the PTAB has the discretion to properly disregard evidence that is deficient in certain technical requirements.
United States
8 Oct 2019
12
State Sovereignty Does Not Grant State The Right To Sue In Improper Venue
In Board of Regents of the University of Texas System v. Boston Scientific Corporation, No. 2018-1700 (Fed. Cir. Sept. 5, 2019), ...
United States
4 Oct 2019
13
Comparative Legal Guide, Intellectual Property
In this Q&A, Finnegan attorneys Brian Kacedon, Adriana Burgy, Marcus Childress, Samhitha Medatia, and Christina Yang provide an overview of intellectual property laws and regulations
United States
3 Oct 2019
14
Prosecution Pointer 192
Effective September 3, 2019, the limit on the number of prioritized examination requests (i.e., Track One requests)
United States
3 Oct 2019
15
TTAB Eighty-Sixes BIG SIX Trademark
Last month, the US Trademark Trial and Appeal Board (TTAB) found that the mark BIG SIX was generic for wine and upheld the Examining Attorney's refusal to register the mark as a result.
United States
2 Oct 2019
16
What's In A Name? TTAB Finds No Likely Confusion Between "Richard" And "Ricardo"
Applying the doctrine of foreign equivalents before the Trademark Trial and Appeal Board (the "Board") just got more complicated
United States
27 Sep 2019
17
Duel by Moonlight: Ex-Licensee Enjoined from Using Knockoff Certification Mark
USA-Halal waited too long to seek a preliminary injunction, and thus was not experiencing irreparable harm.
United States
24 Sep 2019
18
Title Amendment: Design Patent Limitation?
Curver originally applied for a design patent directed to an overlapping "Y"-shaped pattern for "Furniture (part of-)."
United States
23 Sep 2019
19
Rasta Can Protect "Fruits" Of Its Labor – Banana Costume Found Copyrightable
The Third Circuit—in a case of first impression—recently held that a full-body banana costume was copyrightable under the Supreme Court's decision...
United States
23 Sep 2019
20
Image, Ownership, And An App Made In St. Petersburg
There's been a lot of press lately about FaceApp, the newly popular photo-editing software developed by Russian developers based in St. Petersburg.
United States
19 Sep 2019
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