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In the recent U.S. Supreme Court case of USPTO v. Booking.com, No. 19-46 (June 30, 2020), the Court held that the term Booking.com is not necessarily generic merely because it is composed of two components, each itself generic. In so deciding, Justice Ginsburg averred that there is an appropriate metric to determine if such a term is indeed generic, that of consumer perception. The Court cited the Lanham Act’s provision on cancellation that states: the “primary significance of the registered mark to the relevant public … shall be the test for determining whether the registered mark has become the generic name of goods or services.”
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Blockchain Domains: New Developments for Brand Owners
By John McElwaine
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
AI Can Facilitate Innovation, But It Can Also Become a Potent Patent Killer
By Michael K. Friedland
When is an inventor not an inventor? It’s when the inventor isn’t human. So, if a non-human inventor can’t, in the eyes of patent law, be an inventor, what role can the non-human inventor have in the patent system? The answer is straightforward. Even though it can’t create, it can destroy.
Patent Your Trade Secrets In Wake of Noncompete Ban
By Daniel E. Rose
While it may be growing more difficult to protect business information with the FTC’s noncompete ban, patents can provide strong protection over technical innovations, regardless of whether the inventor stays with the company or leaves.
Key Takeaways from the Latest USPTO Guidance on AI
By James DeCarlo
The April Guidance, which supplements prior guidance issued in February, seeks to remind practitioners of existing rules and to educate them on potential risks associated with artificial intelligence tool use, allowing practitioners to mitigate these risks.