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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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FEDERAL CIRCUIT UPHOLDS PRELIMINARY INJUNCTION IN TRADE DRESS CASE
In SoClean Inc v Sunset Healthcare Solutions Inc (Case No 21-2311, 9 November 2022), the US Court of Appeals for the Federal Circuit issued a ruling enjoining defendant Sunset from marketing a particular configuration of medical device filters...
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Decisions to be Made Regarding the EU Unitary Patent and Potentially Opting out of the Unified Patent Court
The Administrative Council of the new European Unified Patent Court stated that the target date for the EU Unitary Patent and Unified Patent Court to come into effect will be on April 1, 2023. However, there is still a possibility that this may be...
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Introduction In 1973, in response to concerns about the costs of securing patent protection in Europe, the European Patent Convention was signed to set up a common patent office to examine patent applications for any European country that wished to...
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THE TRADEMARK MODERNIZATION ACT: A PRIMER FOR BRAND OWNERS
Background On December 18, 2021, the final rule implementing the Trademark Modernization Act of 2020 (TMA) went into effect, resulting in one of the most significant amendments to the rules of practice in trademark cases in decades. The TMA...
Read ArticleDABUS & AUKUS: A Tale of Three Approaches to the Question of Whether an Invention Created by a Machine Using Artificial Intelligence is Patentable
A number of countries have now issued decisions on whether a patent can be granted to Dr. Stephen Thaler for an invention made by a machine named DABUS. In response to a request by the United Kingdom Intellectual Property Office to name the inventor...
Read ArticleACCESSORY DESIGNER PREVAILS IN LAWSUIT BROUGHT BY FRANKIE EDITH KEROUAC PARKER’S ESTATE
In Moran, personal representative of the estate of Frankie Edith Kerouac Parker v Edie Parker LLC (Case No 20-cv-12717 (ED Mich), 27 September 2021), the US District Court for the Eastern District of Michigan addressed the question of whether a...
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