Searching Content indexed under Intellectual Property by Smith Gambrell & Russell LLP ordered by Published Date Descending.
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Governor Kemp Proclaims October 2019 As "Intellectual Property Month" In Georgia
Through the efforts of the Georgia Intellectual Property (IP) Alliance (GIPA) — a non-profit organization that is bringing together community and lay leaders
United States
10 Oct 2019
Federal Circuit Hears Oral Argument: Can Unasserted Claims Of A Patent Be Invalidated Under Section 101?
The Federal Circuit recently heard oral argument in Ameranth, Inc. v. Domino's Pizza, LLC, Nos. 2019-1141, -1144, in which the Court grappled
United States
4 Oct 2019
Trademark Owners, Watch Out! USPTO Getting Strict On Trademark Specimens
In order to register a trademark based on use in commerce, or to renew a registration based on a foreign or international registration
United States
23 Sep 2019
Trademark Decisions At The ITC May Have Preclusive Effect At The District Court
On May 18, 2016, Segway filed a Complaint with the International Trade Commission (ITC) alleging violations of 19 U.S.C.
United States
20 Sep 2019
SGR IP Attorneys Continue Service As Adjunct Professors At Various Law Schools
SGR Partners Greg Kirsch and Matt Warenzak are continuing their service as adjunct professors of patent and intellectual property (IP) law, at various law schools.
United States
6 Sep 2019
Trademark Owners, Watch Out! USPTO Getting Strict On Specimens
In order to register a trademark based on use in commerce, or to renew a registration based on a foreign or international registration, trademark owners are required to verify that the mark is in use in U.S. commerce...
United States
19 Aug 2019
New Requirements: Foreign Trademark Applicants And Registrants Must Use U.S. Licensed Attorneys
Effective August 3, 2019, the U.S. Patent and Trademark Office ("PTO") will require trademark applicants, registrants, or parties to a proceeding before the Trademark Trial.
United States
2 Aug 2019
Update: Scandalous Marks At The PTO
On July 3, 2019, the PTO issued Examination Guide 2-19, entitled "Examination Guidance for Section 2(a)'s Scandalous Marks Provision after Iancu v. Brunetti."
United States
31 Jul 2019
Supreme Court Rejects Registration Restrictions For Offensive Marks
On June 24, 2019, the United States Supreme Court held that prohibiting registration of scandalous or immoral trademarks violates the First Amendment's protection of free speech.
United States
8 Jul 2019
Will The Supreme Court Abrogate Sovereign Immunity For A State's Infringement Of Intellectual Property Rights?
In 1990, Congress passed the Copyright Remedy Clarification Act ("CRCA"), and in 1992 passed the Trademark Remedy Clarification Act ("TRCA") and the Patent and Plant Variety Protection Remedy Clarification Act.
United States
19 Jun 2019
Supreme Court Rules That Bankruptcy Does Not Revoke A Trademark License
On May 20, 2019, in deciding Mission Product Holdings, Inc. v. Tempnology, LLC, No. 17-1657, the U.S. Supreme Court settled a circuit split regarding an unresolved legal issue ...
United States
18 Jun 2019
Supreme Court Hears Arguments On On-Sale Bar For Patentability
Does a secret sale of a patented invention that occurred before the filing of a patent application count as invalidating prior art?
United States
29 May 2019
Fourth Circuit Fixes Fair Use
On April 26, the Fourth Circuit Court of Appeals reversed a controversial ruling that caused significant concerns for visual artists. Brammer v. Violent Hues Productions,
United States
16 May 2019
ICANN Updates: Access To Domain Name Registrant Data Post-Blackout
As stated previously, the implementation of the European Union (EU) General Data Protection Regulation (GDPR) has created significant issues for brand owners
United States
10 May 2019
Federal Circuit Declines To Give Deference To The USPTO
More patents directed to diagnostic methods were found to be invalid as directed to ineligible subject matter in Cleveland Clinic Foundation v. True Health Diagnostics, LLC, Case No. 2018-1218
United States
30 Apr 2019
Brunetti And The Tests Of Tam.
On Monday, April 15, 2019 arguments in the Brunetti case [Iancu v. Brunetti, No. 18-302] will be heard at the United States Supreme Court.
United States
30 Apr 2019
Eleventh Circuit Rejects Georgia's Copyright For The Annotations To The Official Code Of Georgia
A government cannot copyright a statute, but what about the annotations to the statute? In Code Revision Commission v. Public.Resource.Org, Inc., Case No. 17-11589
United States
26 Mar 2019
Using Inventorship Challenges To Facilitate The Resolution Of Misappropriation Of Trade Secrets Claims
Coda Development S.R.O., v Goodyear Tire & Rubber Company (Fed. Cir. 2019), presents an interesting case: the use of an inventorship challenge to facilitate the resolution ...
United States
26 Mar 2019
Adjusting Patent Term Adjustment: Fed. Cir. Makes Additional PTA Possible.
On January 23, 2019, the Court of Appeals for the Federal Circuit significantly altered the rules concerning the possible amount of Patent Term Adjustment (PTA) ...
United States
22 Mar 2019
Copyright Registration Reigns Supreme
The U.S. Supreme Court ruled on Monday, March 4, 2019, that a copyright owner may not file an infringement lawsuit until the Copyright Office has registered the work at issue.
United States
15 Mar 2019
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