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“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...
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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...
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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....
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COPYRIGHT PROTECTION FOR MASS-PRODUCED ARTICLES IN THE UNITED KINGDOM
Prior to a recent change in the law, copyright protection in an artistic work expired after 25 years if articles embodying the work had been applied industrially (defined as making more than fifty articles). This kept the period of protection for...
Read ArticleCASE 168/09 FLOS SPA v SEMERARO CASA E FAMIGLIA SPA
The District Court of Milan referred questions to the Court of Justice of the European Union for a preliminary opinion on the interrelation of the EU’s Council Directive 93/98 on the duration of copyright protection and Directive 98/71 relating to...
Read ArticleEuropean “INTERMEDIARIES” MAY BE FORCED TO TAKE ACTIVE MEASURES AGAINST TRADEMARK INFRINGEMENT COMMITTED BY THIRD PARTIES
Recent cases in the Court of Justice of the European Union and the Court of Appeal of England and Wales have addressed the question of whether those who provide facilities to persons who infringe the trademark rights of others may themselves be...
Read ArticleDIAMONDS 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...
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