Registration of a trademark hinges, in part, on whether there is a likelihood of confusion with an earlier application or registration. In a recent case, a sports specialty shop learned that the trademark it sought for registration was considered likely to be confused with that of a private social club.
More and more of our personal information is collected every day, but some of the most valuable consumer data continues to be pairings of names and addresses. Companies build massive databases that compile this information — but are these compilations protected by copyright? It depends.
How often do you browse the Federal Register? For most people, the answer probably is never. But if you want to patent an invention that falls within the regulations of a federal agency like the U.S. Food and Drug Administration (FDA), the Federal Register might trip you up. For one patent applicant, it did just that.
Patterson Thuente IP is pleased to present the February/March issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.
When most people hear the word “generic,” it brings to mind a consumer product without a brand name. But its meaning is much more significant in the trademark world, where a term deemed generic isn’t eligible for trademark protection. The U.S. Court of Appeals for the Federal Circuit recently clarified the test for so-called genericness.
A new U.S. Supreme Court ruling brings welcome news to patent holders who have found their inventions infringed overseas. The Court held that plaintiffs can recover lost foreign profits generated by the unlawful shipping of U.S. parts abroad for assembly into an infringing product.
More than two decades after its enactment, portions of the Digital Millennium Copyright Act (DMCA) continue to confound both copyright holders and accused infringers. What, for example, must a copyright holder establish to win a lawsuit over removal of copyright management information (CMI)? The U.S. Court of Appeals for the Ninth Circuit provided some clarity on the issue in a case involving digital photographs.
Despite what movies and television shows might suggest, not every great idea is worthy of—or, more importantly, eligible for—a patent. The inventor of a new phonetic alphabet learned this lesson the hard way.
Patterson Thuente IP is pleased to present the Year End 2018 issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.
On September 30, 2018, the US, Mexico and Canada agreed to replace the North American Free Trade Agreement (NAFTA) with a new comprehensive trade pact, called the US-Mexico-Canada Agreement (USMCA). Chapter 20 of the USMCA deals with intellectual property. The chapter includes provisions updating the almost 25-year old NAFTA as well as new requirements based on the provisions of the Trans-Pacific Partnership (TPP). President Trump repudiated the TPP when he took office in January 2017; to a large extent, therefore, the USMCA reinstates rules that the TPP adopted, but the US abandoned. The following are a few of the relevant provisions of the USMCA.
Choosing the wrong name can be expensive. Gain essential knowledge on trademarks and the naming process. Introducing The Guide for Pursuing Legally Defensible & High-Value Trademarks – a collaborate effort with the branding experts Olive & Company.