Education Center
DIAMONDS IN THE ROUGH: TTAB REFUSES REGISTRATION FOR REPEATING PATTERN
In a precedential decision in In re Fantasia Distribution Inc, Serial 86185623 (September 21 2016), the Trademark Trial and Appeal Board (TTAB) held that a repeating diamond design pattern appearing on an electronic hookah was merely decorative and...
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U.S. SUPREME COURT REVERSES DAMAGE AWARD IN SAMSUNG v APPLE
The Supreme Court on December 6, 2016 ruled that when considering the basis for awarding damages based on the infringer’s profits from infringing a design patent, it is not necessary to base these damages on the profit made on the entire article...
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UK TO CONTINUE STEPS TOWARDS RATIFICATION OF UNITARY PATENT CONVENTION DESPITE BREXIT
The EU’s Unitary Patent Convention (see https://ladasparry.wpengine.com/education-center/eu-unitary-patent-and-patent-court-2/) and the associated EU patent had originally been expected to come into effect in 2017. This was, however dependent on...
Read ArticleSOFTWARE AS PATENTABLE SUBJECT MATTER POST ALICE
The issue of patent eligible subject matter under 35 USC § 101 affects many different types of inventions including those which incorporate software technology for controlling conventional machines and devices. Although the Alice v. CLS Bank...
Read ArticleTRADE SECRETS: CHANGES IN THE LAW ON PROTECTION OF TRADE SECRETS IN THE UNITED STATES AND EUROPEAN UNION
Concerns about trade secret theft have been increasing in both the United States and Europe in recent years. Traditionally, American law disfavored trade secret protection vis à vis patenting on the basis that publication of inventions was good for...
Read ArticleTHE ZERO SUM GAME IN THE COLA WARS
In Royal Crown Company and Dr Pepper/Seven Up Inc v The Coca-Cola Company, Opposition 91178927, each party opposed the other’s trademark applications containing the term ZERO for soft drinks, sports drinks and energy drinks. Although Coca-Cola was...
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