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Copyright 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 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...
Read ArticleCHURCH’S APPEAL TO A HIGHER AUTHORITY PREVAILS OVER ADIDAS
In Adidas AG v Christian Faith Fellowship Church (Cancellation No. 92053314), the Trademark Trial and Appeal Board (TTAB) had cancelled two federal trademark registrations for ADD A ZERO, owned by the Christian Faith Fellowship Church, on the...
Read Article“POISONOUS DIVISIONALS” POISONED IN THE EPO
For the past few years there has been fear that the law on priority claims in the European Patent Office (EPO) could result in a divisional application becoming prior art against its parent if the divisional application described subject matter that...
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