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Another Turn in the Path to Patentability
In <i>Mayo Collaborative Services v. Prometheus Laboratories, Inc.</i>, 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.
When Can Brand Owners Demand 'Show Me the Money'?
Solely because of a technical amendment to the Federal Trademark Dilution Act to ensure that damages for dilution are only available when a defendant acts in bad faith, damages previously not available in an ordinary infringement case are now available.
April issue in PDF format
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IP News
Highlights of the latest intellectual property news from around the country.
Patentable Subject Matter After Bilski
The Supreme Court in <i>Bilski v. Kappos</i>, affirmed the long-standing maxim that laws of nature, natural phenomena, and abstract ideas are the only three exceptions to broad categories of patent-eligible subject matter. Two schools of thought in the Federal Circuit, one led by Judge Randall R. Rader and the other by Judge Timothy B. Dyk, have been competing for development and application of a framework to identify an abstract idea.
'CrackBerry' and Originality in Trademark Parodies
In <i>Research in Motion Ltd. v. Defining Presence Marketing Group, Inc. and Axel Ltd. Co.</i>, the Trademark Trial and Appeal Board addressed whether Defining Presence Marketing Group and Axel Ltd. could obtain trademark registrations for CRACKBERRY for various goods and services. Research in Motion, producer of the BlackBerry device, opposed the registrations based on a likelihood of confusion and dilution with its BLACKBERRY group of marks.
The COACH Mark Is Famous, But Not Famous Enough to Support a Dilution Claim
Although acknowledging that the COACH mark for handbags and other luxury goods was famous enough for that fame to be a strong factor in a likelihood of confusion analysis, the U.S. Court of Appeals for the Federal Circuit has concluded that there was insufficient proof that the mark was a "household name" that was famous enough to support a claim of dilution against a third party's COACH-branded educational materials.
The Kodak Bankruptcy
On Jan. 18, 2012, Eastman Kodak Company and 15 of its affiliates filed voluntary Chapter 11 petitions in the Bankruptcy Court for the Southern District of New York. The sale of intellectual property figures prominently into Kodak's plans for reorganization.
March issue in PDF format
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IP News
Highlights of the latest intellectual property news from around the country.

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    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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  • Cutting Off the Stream: How United States v. Silver Affects "Stream of Benefits" or "Retainer" Bribery
    Although the court stressed that, by vacating certain of former NY State Assembly Speaker Sheldon Silver's counts of conviction, it was clarifying and not altering the "as opportunities arise" theory, it nevertheless emphasized that this theory requires particularity with respect to the "question or matter" that is the subject of the bribe payor and recipient's corrupt agreement.
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