• Trademark Board's Precedential Ruling on Use in Commerce

    February 01, 2018 |

    In a nearly 50-page precedential opinion in a ruling of great significance to the entertainment industry, a TTAB panel of judges recently underscored the need to prove actual use in commerce in order to register a trademark, regardless of how low the standard for use under the Lanham Act has recently become.

  • How Defendant's Prior Conduct Can Impact Copyright Cases

    November 02, 2017 |

    In the context of a copyright case, a defendant's prior bad acts and prior conduct are more useful to a plaintiff than is typical in civil litigation. In many instances, copyright infringement lawsuits are brought against defendants who have been sued before for infringement, or related misconduct, or who have been the subject of allegations or informal complaints, or who simply have experience in copyright matters.

  • Another Turn in the Path to Patentability

    April 27, 2012 |

    In Mayo Collaborative Services v. Prometheus Laboratories, Inc., the Supreme Court held that a method claim that does nothing more than restate a law of nature and add conventional steps cannot be patentable. At first glance, this may not sound remarkable, but upon closer inspection this holding has the potential to dramatically change patent law for decades to come.