Author: Dennis S. Prahl | Co-Author: Edward Baxter | Practices: , | Tags: , , , , ,

False Declaration of Incontestability Not Enough to Cancel US Trademark Registration

BACKGROUND: Great Concepts has owned Registration No. 2929764 for DANTANNA’S, in association with “steak and seafood restaurant”, since March 2005. In 2006 Chutter Inc’s predecessor-in-interest, Dan Tana, petitioned to cancel the mark based...

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Authors: Dennis S. Prahl, Edward Baxter | Practices: , | Tags: , , , ,

New York Court Sides with PepsiCo on Remand in Ongoing Rise Brewing Dispute

In Riseandshine Corporation v PepsiCo Inc (SDNY-1-21-cv-06324), plaintiff Riseandshine Corporation, doing business as Rise Brewing, brought three federal and two state claims relating to trademark infringement and unfair competition with respect to...

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

Copyright Protection for Works Resulting From Some Use of Artificial Intelligence in the United States

17 USC 102(a) provides copyright protection for original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with...

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Authors: Dennis S. Prahl, Jerry Jakubovic | Co-Author: | Practices: , , | Tags: , , , , ,


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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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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