Authors: David C. Brezina, | Practices: , , , | Tags: , , , , ,

Cease and Desist Letters Need to Balance Effectiveness While Considering Consequences

Letters demanding that a company “cease and desist” what the sender of the letter deems an infringement of the sender’s intellectual property rights – whether patent, trademark or copyright – are communications primarily to achieve...

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

American Axle v. Neapco

Introduction On July 31, 2020, in American Axle v. Neapco, the Federal Circuit split 6-6 on the question of whether to grant en banc review of a panel decision on patent eligibility seen by many as an unwarranted extension of the principle that...

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Author: Marisa Masters (L&P Intern) | Co-Author: Robert Peverada | Practices: , | Tags: , , ,

REMEMBERING TWO OF THE SPOOKIEST HALLOWEEN COPYRIGHT CASES

With Halloween 2020 approaching, we thought it was important to remember two of the spookiest of intellectual property cases, in particular, those copyright cases addressing issues with well-known horror movies. GALLAGHER v. LIONS GATE...

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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: Matthew D. Asbell | Co-Author: John Heinbockel | Practices: , | Tags: , , , , ,

TTAB DECISION UNDERSCORES DIFFICULTY OF PROVING FRAUD BEFORE THE USPTO

In Tommie Copper IP Inc v Gcool-Tech Usa LLC (Opposition No 91223768 (9 May 2018) ), the Trademark Trial and Appeal Board (TTAB) has dismissed an opposition where the applicant did not have use in commerce at the time of filing the application and...

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