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December 17, 2019 | The Recorder

Law Firms Clash Over 'Emergent' Trademark

San Francisco-based Emergent Law asserts that "there is no likelihood of confusion" between it and South Carolina-based Emergent Law because of their differing geographic markets and client bases.
2 minute read
November 29, 2019 | New York Law Journal

What's in a Name? Trademarks as Expressive Works

Although the incident of Kim Kardashian West attempting to trademark the name "Kimono" was short-lived, her ill-fated trademark application raises critical questions about the relationship between trademarks and free expression. This article examines trademarks as both a means of expression and a means of limiting others' expression.
9 minute read
November 08, 2019 | Law.com

Skilled in the Art: Stealing an MLB Play for Home Run Patents + Battle Lines Emerging on Arthrex Remedy + Irell's $200M Verdict Against Wells Fargo

Uber has worked with an AI company to come up with a mechanism for ranking patent claims based on their breadth.
10 minute read
October 29, 2019 | Corporate Counsel

USPTO Chiefs to In-House Counsel: We Want to Hear From You

Lawyers from the U.S. Patent and Trademark Office told a group of in-house counsel at the ACC annual meeting that the agency wants to let in-house counsel know how it can assist with their companies' IP-related concerns.
4 minute read
September 27, 2019 | National Law Journal

SCOTUS' 2019 IP Cases Won't Be Boring, Law Professors Say

The justices have already granted cert in six cases, and several potential blockbusters are waiting in the wings. The solicitor general on Friday recommended against granting cert on one of one case, Google v. Oracle, though it said the correctness of the Federal Circuit's fair use decision is "not free from doubt."
11 minute read
Law Journal Press | Digital Book America Invents Act (AIA) Handbook: A Guide to the Patent Law Reform of 2011, The, 2015 Edition Authors: Mary Anthony Merchant View this Book

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September 13, 2019 | New Jersey Law Journal

Exploring the Nebulous Boundaries of Trade Dress

Trade dress is a kind of trademark that protects the overall look and design of products and packaging. The outer reaches of trade dress have always been unclear. Now that we are in the digital age, questions have been raised about the trade dress of websites and apps.
7 minute read
July 30, 2019 | The Legal Intelligencer

Avoiding Loss of Patent Rights in the Post-America Invents Act Era

Many observers greeted the Sept. 16, 2011, passage of the Leahy-Smith America Invents Act (AIA) into law as a long-overdue overhaul of U.S. patent law that aligned it with patent systems prevailing in the rest of the world. Who knew what mischief just seven of the AIA's more than 25,000 words contained?
9 minute read
July 24, 2019 | National Law Journal

A 'Rush' of Offensive Trademarks After 'Brunetti'

The U.S. Supreme Court stripped away a portion of the Lanham Act which prevented the registering of offensive trademarks.
5 minute read
June 24, 2019 | National Law Journal

'Immoral' Trademarks Like 'FUCT' Are Allowed, Divided US Supreme Court Says

Justice Sonia Sotomayor said in a partial dissent: “The court's decision today will beget unfortunate results."
3 minute read
June 24, 2019 | Litigation Daily

'Scandalous' Trademarks Like 'FUCT' Are Allowed, Divided US Supreme Court Says

Justice Sonia Sotomayor said in a partial dissent: “The court's decision today will beget unfortunate results."
3 minute read

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