Education
Featured Articles
-
“So, Your U.S. Trademark Registration is Being Audited”
The USPTO has implemented a program to audit trademark maintenance and renewal filings for the purpose of ensuring that trademark registrations were not being maintained in connection with goods and services for which the marks are no longer in use...
Read Article -
GENERIC TOP LEVEL DOMAINS MAY NOT BE GENERIC
In a ruling that could have implications for applicants seeking trademark registration for domain names comprised primarily of descriptive or generic wording, the US District Court for the Eastern District of Virginia has overturned a finding by the...
Read Article -
Technology Evolution in the Media Industry Supported by Pilot Program Allowing U.S. Trademark Registrations to be Updated
Media companies have changed the way they provide their goods and services to consumers as a result of ongoing evolutions in technology. A magazine that once distributed print copies may now provide access to its articles and advertisements online....
Read Article
Laches 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...
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...
Read Article