Category Archive for "Patterson Thuente News"

Court blocks trademark for sports shop

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. The players Detroit Athletic Co. (DACo) is a sports specialty shop that sells souvenirs and apparel associated with Detroit professional teams. The Detroit Athletic Club (the Club) is a private men’s social club. DACo sought to register the mark “Detroit Athletic Co.” for its retail services. A U.S. Patent and Trademark Office examiner refused to register the mark, finding it was likely to be confused with the Club’s mark “Detroit Athletic Club,” registered for clothing goods. The Trademark Trial and Appeal Board (TTAB) affirmed the refusal, and DACo appealed to the U.S. Court of Appeals for the Federal Circuit. Official review The TTAB generally turns
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Factual compilation qualifies for “thin” copyright

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.

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Read all about it! Printed publication bars patents on drug tracking system

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.

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Ideas on Intellectual Property Law – February/March 2019

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.

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Federal Circuit revives soda trademark battle over “ZERO”

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.

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Supreme Court allows patent owner to recover lost foreign profits

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.

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Photogs lose DMCA case over metadata removal

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.

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IP Career Prep Event January 28

RSVP for our IP Career Prep Event!

Patterson Thuente IP invites future intellectual property attorneys to hone their interview skills and resumes at our annual IP Career prep event. Join us Monday, January 28, 2019 for a casual dinner and some friendly advice. RSVP today! 

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Paul Onderick | Partner - Patent Attorney

The Ophthalmologist: In Black and White

The Ophthalmologist published an article by patent attorney, Paul Onderick, about intellectual property considerations for innovators in the ophthalmology industry. In Black and White identifies several situations where an M.D. could use the help of a J.D. to make sure IP rights are protected and related disputes avoided.  Read more…
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A photo of Eric Chadwick, a IP Litigation Attorney in Minneapolis

New Weapon for Tech Companies to Fend Off Trolls

Hennepin Lawyer published an article by our litigation chair, Eric Chadwick, on the status of patent litigation involving trolls or nonpracticing entities (NPEs). A New Weapon for Tech Companies to Fend Off Trolls, concludes that the tide may have shifted in favor of technology companies in recent years through inter partes review challenges (IPRs) and now with invalidation of abstract patented “ideas” after the Supreme Court decision in Alice vs. CLS. Read more…
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Want to know the secrets to creating and protecting unforgettable brand names?

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. 

GET YOUR GUIDE TODAY