Hot Legal Litigation Topics for Advertisers and Marketers in 2020
December 01, 2020
The COVID-19 pandemic pushed brands headlong into e-commerce. Certain advertising and marketing practices led to litigation in 2020. Brands and their legal counsel should target these hot topics for legal vetting and risk mitigation as we move forward into 2021.
IP News
December 01, 2020
NY District Court Adds to Confusion Surrounding Embedding
Federal Circuit Rules Patent Infringement Under Hatch-Waxman Act Occurs Where ANDA Is Filed
To Embed, or Not to Embed, that is the Question
November 01, 2020
Would Shakespeare Post Hamlet on Instagram in 2020?
Recent legal and procedural developments associated with the ubiquitous Instagram social media site have created significant practical and legal risks for both copyright owners and account holders.
Marking, Notice and Knowledge: What Patent Licensors Need to Know
November 01, 2020
A patentee should consider patent marking issues when negotiating a patent license, as well as during the term of the license. Otherwise, the patentee may find that its damages for patent infringement are limited due to its licensee's failure to mark.
Recently Introduced Bill Would Limit ITC 'Domestic Industry by Subpoena'
November 01, 2020
Patent infringement disputes in the United States are not only heard in district courts. The U.S. International Trade Commission (ITC) also decides high-stakes intellectual property disputes — with the remedy for the IP rights holder not being damages, but rather an exclusion order that can block a competitor's importation of infringing articles into the U.S. That remedy can be incredibly powerful for companies engaged in stiff competition in the U.S. market.
IP News
November 01, 2020
Federal Circuit: HP Not Estopped from Challenging Claims Deemed Unchallengeable in IPR That It Had Joined
Federal Circuit: A New Process Does Not Transform an Old Product Into a New One
Deciphering the USPTO's Material Alteration Standard for Amending Marks
October 01, 2020
As brands mature over time, their owners often seek to update marks that are subject to a federal registration or registration application. In some cases, the impetus for the amendment may be deliberately to freshen, tweak, or otherwise modernize the subject mark. In other cases, brand owners may recognize after the fact that their current usage of a mark does not match the mark as originally registered or applied for.
Testing for Genericness After USPTO v. Booking.com
October 01, 2020
In the recent U.S. Supreme Court case of USPTO v. Booking.com, the U.S. Supreme 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.
Methods for Trademark Valuations
October 01, 2020
Valuations of trademarks, such as those in the entertainment industry, are most commonly performed in relation to a sale or licensing transaction or for lending and collateral purposes.
Alice and Incongruity In PTAB Appeals
October 01, 2020
This article discusses the significant contrast between consideration of issues related to the U.S. Supreme Court's decision in Alice Corp. v. CLS Int'l in prosecution and their resolution by the PTAB.
