News and expert analysis on IP developments from the courts to the USPTO.
By Scott D. Locke | July 14, 2023
In Bertini v. Apple, a case of first impression, the U.S. Court of Appeals for the Federal Circuit recently held that there are strict limits on using the tacking doctrine to take advantage of an earlier use of a mark on different of goods or services.
10 minute read
By Marianna Wharry | July 13, 2023
This suit was first surfaced by Law.com Radar.
2 minute read
By ALM Staff | July 13, 2023
This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
By Andrew Maloney | July 11, 2023
Andrei Iancu, a former director of the U.S. Patent and Trademark Office, and retired U.S. Federal Circuit Judge Kathleen O'Malley both most recently worked at Irell & Manella.
4 minute read
By Catherine Nyarady and Crystal Parker | July 11, 2023
Many inventions build on or combine previously known elements, requiring the Patent Office and courts to determine which combinations of, or improvement on, previously known elements are entitled to protection. In doing so, whether or not the claimed invention is patentable often involves asking whether the invention provides unexpected results.
6 minute read
By Matthew Romano | July 5, 2023
The U.S. Court of Appeals for the First Circuit recently upheld a district court's decision, ruling that the prevailing defendants, Hasbro and Klamer, were not entitled to attorney fees in a copyright lawsuit from Markham Concepts regarding "The Game of Life."
4 minute read
By Warren Braunig and Samuel Koenig | July 3, 2023
Looking ahead, the First Amendment may be less and less important in trademark cases, according to Keker, Van Nest & Peters' Warren Braunig and Samuel Koenig.
7 minute read
By Mary S. Mathew and Aleksandra Sitnick | June 30, 2023
The rise of AI-generated art raises various legal challenges regarding intellectual property, particularly about copyright in such works, while carrying trademark implications, according to Dentons' Mary S. Mathew and Aleksandra Sitnick.
6 minute read
By Stan Soocher | June 29, 2023
The lion's share of attention to copyright-infringement claims against Ed Sheeran over his 2016 Grammy-winning Song of the Year "Thinking Out Loud" recently focused on the trial in New York federal court. But in September 2022, a related infringement suit over the same songs' matching chord progression and harmonic rhythm was allowed to proceed.
5 minute read
By Donald J. McKay | June 29, 2023
Despite its name, the Banking Act (also known as the Secure and Fair Enforcement (SAFE) Banking Act) could be a significant step toward federal legalization of cannabis, which is expected to harmonize federal laws and bring consistency with state laws pertaining to cannabis.
7 minute read
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Frederick D. Miceli has joined the firm as Of Counsel
Professional Announcement
