Author: Matthew D. Asbell | Practices: | Tags: , , ,

EVALUATING 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...

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Authors: , Matthew D. Asbell | Practices: , , , , | Tags: , , , , , , , , ,

THE DESIGNER FORMERLY KNOWN AS…INTELLECTUAL PROPERTY ISSUES ARISING FROM PERSONAL NAMES AS FASHION BRANDS

Kate Spade, Paul Frank, Joseph Abboud, Catherine Malandrino, and Karen Millen—aside from being well-known designers, all have something else in common; they no longer own the right to use their personal names as their brands. In the fashion...

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

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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SOFTWARE AS PATENTABLE SUBJECT MATTER POST ALICE

The issue of patent eligible subject matter under 35 USC § 101 affects many different types of inventions including those which incorporate software technology for controlling conventional machines and devices. Although the Alice v. CLS Bank...

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Author: Dennis S. Prahl | Practices: , | Tags: , , , , ,

THE ZERO SUM GAME IN THE COLA WARS

In Royal Crown Company and Dr Pepper/Seven Up Inc v The Coca-Cola Company, Opposition 91178927, each party opposed the other’s trademark applications containing the term ZERO for soft drinks, sports drinks and energy drinks. Although Coca-Cola was...

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

CUOZZO V. LEE: SUPREME COURT AFFIRMED THAT CLAIMS SHOULD BE GIVEN THEIR BROADEST REASONABLE INTERPRETATION IN INTER PARTES REVIEW

On June 20th, in Cuozzo v. Lee, the Supreme Court affirmed the Federal Circuit holding that claims should be given their broadest reasonable interpretation in inter partes review...

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