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The Trademark Trial and Appeal Board (TTAB) has finally filled a gap left by the U.S. Court of Appeals for the Federal Circuit in the standard for finding deceptive intent when trying to prove fraud on the U.S. Patent & Trademark Office (USPTO). In Chutter, Inc. v. Great Management Group, LLC and Chutter, Inc. v. Great Concepts, LLC, 2021 USPQ2d 1001 (TTAB 2021), the TTAB held, in a precedential opinion, that a reckless disregard of the truth or falsity of a material statement made to the USPTO satisfies the deceptive intent requirement for finding fraud. The TTAB applied this holding in a cancellation proceeding to invalidate U.S. Trademark Registration No. 2,929,764 because: 1) the registrant’s attorney failed to disclose proceedings against the registration pending at the time the registrant filed its Section 15 Declaration to make the registration incontestable; and 2) the registrant’s knowing failure to take any remedial action after being informed of the error suggests that the failure to disclose was intentional and, thus, satisfied the deceptive intent requirement to prove fraud.
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By Reid Knabe and Bita Rahebi
This article describes certain key developments in the period from passage of the CHIPS Act through the present day, and provides a brief survey of key grantmaking and investment activity by U.S. government agencies since passage of the Act.
Emerging Legal Terrain: IP Risks from AI’s Role In Drug Discovery
By Fredrick Tsang, Antonia Sequeira and Carl Morales
This article explores the benefits and risks of AI-driven drug discovery from the legal perspective. Since the law governing IP rights in AI-driven drug discovery is still in its infant state, any future legal development is likely to have significant implications in many areas.
LLM Customization With A Path to Human Inventorship and Patent Rights
By Jim Soong
A statutory predicate to the contractual outcome regarding ownership of patent rights is the requirement of a sufficient contribution by a natural person in the effort that yielded the output. The issues implicated by this requirement are one development among more to come as patent law and policy try to catch up to proliferating AI technology.
Adidas Stripe Design Battle Reveals Intricacies of Trademarks In the Fashion World
By Nicole D. Galli, Laura Talley Geyer and Alexa Elder
Although the bitter legal battle between Adidas and Thom Browne is far from over on either side of the pond, the case illustrates the challenges of ensuring trademark protection for simple and widely employed design elements.
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