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A Multi-Layered Approach to Packaging Protection
The way in which a product looks or how it is packaged and sold can often be a driving force in the consumer’s purchasing decision. Yet, the intellectual property rights available for product designs and packaging are anything but straightforward...
Read ArticleCopyright protection available to surface ornamentation of cheerleader’s uniforms: Star Athletica v Varsity Brands
On March 22, 2017, the United States Supreme Court in the case of Star Athletica LLC v Varsity Brands LLC affirmed a decision of the Sixth Circuit Court of Appeals that copyright protection could exist in surface ornamentation of cheerleader’s...
Read ArticleLaches not available to defeat patent infringement damages claim: SCA Hygiene Products v First Quality Baby Products
In a 7-1 decision on March 21, 2017, in the case of SCA Hygiene Products AB v. First Quality Baby Products LLC, the United States Supreme Court reversed an en banc decision of the Court of Appeals for the Federal Circuit and held that the equitable...
Read ArticleCanadian Patent Law’s Invalidation of Patents Under Promise Doctrine Does Not Violate NAFTA
On March 16, 2017, the International Centre for Settlement of Investment disputes rejected Eli Lilly’s claim that the Canadian Courts use of the “promise doctrine” to invalidate patents owned by Eli Lilly and the Canadian government’s...
Read ArticleSUPREME COURT RULES IN LIFE TECHNOLOGIES CORP. V. PROMEGA CORP.
On February 22, 2017 in Life Technologies Corp. v. Promega Corp, the Supreme Court in a 7-0 judgment (Chief Justice Roberts having recused himself) held that for there to be active inducement of infringement by export of components of a patented...
Read ArticleEVALUATING THE USPTO’s EFFORTS TO CLEAN UP THE U.S. TRADEMARK REGISTER
An ongoing issue for the United States Patent and Trademark Office (USPTO) has been the number of trademark registrations where registrants do not actually use or intend to use their marks on all of the goods and services covered by their...
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