Features
Howard J. Shire
&
Jeremy S. Boczko
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.
Features
Stacey C. Kalamaras
<b><i>Refusal Is an Unconstitutional Violation of Free Speech</b></i><p>On Dec. 15, 2017, a unanimous Court of Appeals for the Federal Circuit held that despite Appellant's mark comprising “immoral or scandalous” matter, the PTO could no longer refuse federal registration of such marks on the grounds that this refusal violated the free speech clause of the First Amendment of the U.S. Constitution.
Features
Dr. Dariush Adli
The tech-heavy entertainment industry is an active field for tech startup companies developing potential patents and trade secrets. But many cash conscious startups are forced to initially neglect protection planning for these intellectual property assets, instead allocating scarce resources to set up and initial operation costs. This article suggests some practical and economical steps for startups, especially those with tight finances, to protect what may become valuable patents and trade secrets.
Features
Richard Raysman
&
Elliot A. Magruder
On Nov. 28, 2017, the Court of Appeals for the Sixth Circuit issued its opinion in <i>Signature Mgmt. Team, LLC v. Doe</i>. The case involved a John Doe defendant's effort to remain anonymous even after having been adjudicated liable for copyright infringement of plaintiff's business training manual.
Columns & Departments
Howard Shire
&
Michael Block
Judges Newman and Reyna Argue that Litigation Misconduct does not Demonstrate Intent to Deceive the PTO<br>Federal Circuit Affirms Board's Decisions in IPRs Finding a Video Conferencing Patent Not Anticipated or Obvious<br>Federal Circuit Affirms No Intent to Deceive for Inequitable Conduct Claim Where Inventors Should Have Documented Findings to the USPTO
Features
Gregory Parker
&
Andrew J. Rittenhouse
This article examines the impact of <i>TC Heartland</i> with a focus on recent Federal Circuit decisions applying <i>TC Heartland</i> and further clarifying the scope of where patent cases may be filed.
Features
Howard J. Shire
&
Jeremy S. Boczko
<b><i>Board Says It Doesn't Matter Whether Use Is By a Trademark Owner Or a Third Party</b></i><p>In a nearly 50-page precedential opinion, the Trademark Trial and Appeal Board (TTAB) panel of Judges Adlin, Heasely, and Lynch, 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. <i>Tao Licensing, LLC, v. Bender Consulting d/b/a Asia Pacific Beverages.</i>
Features
Scott Graham
<b><i>There Was No Clear Majority at Oral Argument Signaling the Death of</i> Inter Partes <i>Review</b></i><p>November 27 was supposed to be the big Patent Trial and Appeal Board (PTAB) showdown at the U.S. Supreme Court. After two hours of questioning, it seemed more like a big bust.
Columns & Departments
Jeffrey S. Ginsberg
&
Hui Li
Federal Circuit Affirms Finding That Rembrandt's Patent Is Not Infringed by Apple's Accused Products<br>District Court Transfers Case after Federal Circuit Ordered It to Reconsider Party's Venue Objections In Light of <i>TC Heartland</i><brPTAB Decision Invalidating AIP Internet Network Patent Affirmed on Appeal
Features
Chris Bussert
&
Harris Henderson
This article outlines the available options under the Trademark Trial and Appeal Board's ACR rules and discusses the strategic considerations in determining whether ACR might be advantageous, particularly in light of increasing pressure from clients to reduce costs and expedite the decision-making process.
