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March 26, 2024 | New York Law Journal

Patent Office Issues New Guidance on the Law of Obviousness

The United States Patent and Trademark Office recently published new guidance explaining the requirements for patent examiners to reject patent claims for obviousness in view of what was already known in the prior art.
8 minute read
February 20, 2024 | The Legal Intelligencer

Trademark Basics and How to Spot Potential Issues for In-House Counsel

This article discusses important trademark basics as well as common questions and issues in-house counsel often encounter during due diligence or IP audits.
9 minute read
January 19, 2024 | Law.com

Creative Expression vs. the Lanham Act: Six Months of Cases After Jack Daniel's

Last Term, the U.S. Supreme Court decided Jack Daniel's v. VIP Products — a case involving interaction between the Lanham Act and the First Amendment. This article traces the lower courts' reactions and applications to that decision.
10 minute read
December 19, 2023 | National Law Journal

'The Northern District of Illinois v. the Internet': How Chicago Became the Center of Schedule A Trademark Infringement Litigation

"There's this geopolitical-style battle taking place in the rights owner community: Are we still gonna play by the old rules or is there a new shiny option that allows us to solve all our problems and make some money along the way?" said Eric Goldman, associate dean for research and professor at the Santa Clara University School of Law.
9 minute read
December 01, 2023 | New York Law Journal

Will Biden's AI Executive Order Give Clarity on the Issue of Inventorship?

President Biden passed an executive order on October 30 that creates new standards, safety, and security in AI systems. The new standards are meant to protect consumers from data breaches in AI systems and scammers using AI to take advantage of people. This artcle discusses what companies and consumers need to know about the new order.
6 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 18, 2023 | Texas Lawyer

Sexy Defense Victory: Houston IP Firm Gets $12.8M on Adult-Toy Counterclaims

After Novoluto filed the applications that led to the asserted patents and launched the first commercial embodiments, the industry saw an influx of devices attempting to capitalize on the innovative technology disclosed, including EIS's Satisfyer Pro 2, the WOW Tech group said in its counterclaims.
4 minute read
September 14, 2023 | New Jersey Law Journal

Sweet Defeat: 3rd Circuit Says Candymaker Can't Trademark Watermelon's Shape and Colors

"Because the tricolored shape is recognizable as watermelon-flavored, the whole appearance is useful," Third Circuit Judge Stephanos Bibas wrote. "So a candymaker cannot block competitors from using the combined shape and colors by trademarking that combination. We will thus affirm the district court's grant of summary judgment."
4 minute read
August 27, 2023 | New York Law Journal

Disputes Over Culturally Inspired Fashions On and Off the Runway

In this article, Natasha Reed discusses that while casting for runway shows seems to be moving toward cultural diversity, the fashion industry itself may have a cultural appropriation crisis. In this article, she lays out six fashion industry cultural appropriation disputes that made headlines, with some even making their way from the catwalk to court.
11 minute read
August 27, 2023 | New York Law Journal

Give Me a Whiskey and a Handbag to Envy

Leave it to the U.S. Supreme Court to create an elegant intercession between Frank Sinatra's favorite whiskey and one of the world's most coveted handbags. In this article, Alan Behr discusses applications of the Rogers test with focus on the Hermès v. Rothschild and Jack Daniel's Properties v. VIP Products cases.
9 minute read
August 23, 2023 | Law.com

IP Attorney Voluntarily Dismisses Defamation Suit Over Amazon's Emails to His Clients

During a telephone conference with U.S. District Judge Peter J. Messitte for the District of Maryland on July 14, counsel representing Amazon said that the alleged defamatory emails were no longer being sent, according to the recently-filed transcript.
3 minute read

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