Intellectual Property

In brand protection, as in bridge engineering, the strength of brand differentiation (trademark distinctiveness) depends on the integrity of each supporting cable. When one snaps, the question is not only whether you can fix that component, but also whether the whole structure will hold together long enough for the repair crew to arrive.

In Ex parte Michalek, the PTAB evaluated an invention involving medical health technology and artificial intelligence. While this case involved medical health technology, the implicated issues inform patent strategies for AI enabled inventions across all industries.

Military-owned businesses often possess unique technological advantages derived from years of research, development, and practical application. One veteran-owned company’s journey — combined with a patent attorney’s experience preparing and filing patent applications — provides valuable insight into what veterans should do to safeguard their intellectual property.

In a recent decision, the U.S. Court of Appeals for the Second Circuit addressed application and analysis of the fair use doctrine under copyright law, and reversed the district court’s finding of fair use. In an unusual situation, the lower court had dismissed the complaint sua sponte, although the defendant’s time to respond to the complaint had expired.

Only a few district courts have addressed the failure to mark in recent years — but they’ve reached directly opposing conclusions. This article analyzes the conflicting authorities and their reasoning, and it provides guidance to litigants on best practices given the conflict between district courts.

On April 8, a California jury found that R.C. Bigelow, Inc., the well-known manufacturer of Bigelow teas, intentionally or recklessly misled consumers by claiming that some of its teabags were “Manufactured in the USA.” The price for this mislabeling was steep, with the jury awarding the class action plaintiffs $2.36 million.

In copyright litigation, an infringement defendant may claim fair use as an affirmative defense. But the Second Circuit recently ruled that a district court, on its own initiative, could raise a fair use defense for a defendant that hadn’t appeared in the case.

This two-part article discusses the requirements for information to be considered a trade secret under U.S. law, focusing on courts’ continued use of the six-factor test outlined in the Restatement of Torts. Part One covered the evolving tests for establishing a trade secret, while Part Two examines the compatibility of those tests and potential considerations for litigators and legislators.