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Author: Dennis S. Prahl | Co-Authors: Danielle Weitzman, | Practices:

ROUGHING THE APPLICANT: USPTO REFUSES TOM BRADY’S TOM TERRIFIC TRADEMARK APPLICATIONS

The US Patent and Trademark Office (USPTO) has refused registration of New England Patriots quarterback Tom Brady’s applications for TOM TERRIFIC in Classes 16 and 25. BACKGROUND Brady’s company, TEB Capital Management, filed the TOM TERRIFIC...

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Author: John Richards | Practices: , , | Tags: , , , , , , , , , ,

Return Mail Inc. v. United States Postal Service

On June 20, 2019, the United States Supreme Court held that government entities could not be considered “persons” entitled to challenge patents owned by others before the Patent Trial and Appeal Board...

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Author: John Richards | Practices: , , | Tags: , , , , , , ,

DESIGN PATENT PROTECTION FOR REPLACEMENT PARTS

The fight between insurers and car manufacturers as to whether and, if so how, to protect the design of spare parts for cars delayed the implementation of an EU regulation on design protection for well over a decade and ended in an uneasy...

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Author: Jose Landivar | Practices: , , , | Tags: , , ,

THE MUSIC MODERNIZATION ACT: A PRIMER FOR COPYRIGHT HOLDERS

On October 11, 2018, the Music Modernization Act (MMA) was signed into law resulting in one of the most significant legislative changes to the copyright law in the United States in the last 50 years. The bipartisan legislation, which was written by...

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Author: John Richards | Practices: , | Tags: , , , , ,

U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT HAS HELD THAT NEITHER STATE AGENCIES NOR INDIAN TRIBES ENJOY SOVEREIGN IMMUNITY, WHICH WOULD PROTECT THEIR PATENTS FROM CHALLENGE IN THE PATENT TRIAL AND APPEAL BOARD OF THE UNITED STATES PATENT AND TRADEMARK OFFICE

Introduction On July 20, 2018 in Saint Regis Mohawk Tribe, Allergan, Inc. v. Mylan Pharmaceuticals Inc., a panel of the U.S. Court of Appeals for the Federal Circuit (Dyk, Moore and Reyna JJ) held that Native American (“Indian”) Tribes...

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Author: Dongfang “Maggie” Wang(王东芳) | Practices: | Tags: , , , ,

AMENDMENTS TO CHINA TRADEMARK LAW

On April 23, 2019, the following amendments to the Trademark Law of the People’s Republic of China (PRC) were approved that should significantly help trademark owners defend their rights: Trademark applications filed in bad faith without an...

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