The U.S. Court of Appeals for the Federal Circuit, the court that hears all appeals of patent cases, continues to invalidate patents directed to abstract ideas. It applies the test established in 2014 by the U.S. Supreme Court. In a recent case, it ruled that a patent covering voting methods and systems providing for “auto-verification” of ballots was invalid as attempting to patent an abstract idea.
The US Court of Appeals for the 8th Circuit published its opinion today, finding that a federally registered trademark for the mark Sturgis, owned by Sturgis Motorcycle Rally, Inc. (SMRI), is invalid. This is a major victory for Rushmore Photo & Gifts, the Niemann family of Rapid City, SD, and Wal-mart Stores, Inc., the defendants in this seven-year dispute over the Sturgis mark, The Court found that SMRI’s unregistered, common law trademarks “Sturgis Motorcycle Rally” and “Sturgis Rally & Races” are also invalid.
Court splits over trade dress, trademark claims In 2013, the Ninth Circuit Court of Appeals ruled that a trademark holder seeking a preliminary injunction after filing suit against an alleged infringer must establish the likelihood of irreparable harm, rather than relying on a presumption of harm. Not until this year, though, has the court elaborated on the kind of proof required. Its recent ruling sheds light on what does — and doesn’t — demonstrate irreparable harm.
Streaming media has opened up a vast landscape of previously unavailable content for many. It’s also triggered an array of novel copyright infringement questions. In a case involving the streaming of content originating abroad into the United States, the D.C. Circuit Court of Appeals has tackled two previously unsettled questions about the scope of infringement liability under the Copyright Act.
Inter partes review survives constitutional challenge Patent trolls are a significant nuisance to a range of industries. But the U.S. Supreme Court recently upheld a procedure that makes it easier for patent trolls’ potential victims to avoid prolonged litigation or costly settlements.
Attorney-client privilege has been in the headlines of major newspapers recently with the ongoing reporting on the search warrant executed on President Trump’s attorney, Michael Cohen. This story has put attorney-client privilege in the spotlight and illustrates that a basic understanding of the attorney-client privilege—and its limits—is essential for anyone who is working with an attorney.
Patterson Thuente IP is pleased to present the October/November 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.
Here’s the essential guide to protecting your brand! Finding the right name for your business or product line is more than a creative pursuit. It has the potential to elevate your reputation and profits. Don’t you want to achieve both?
How is your company handling foreign trademark searches? Is the Madrid Protocol still useful? Is your company building house brands or a branded house? These are some of the latest issues in trademark law discussed by in-house IP counsel at our IP Forum last week (co-hosted with our friends at Dennemeyer). Here are a few tips they had for companies doing business globally.
Going global? In-house IP counsel from three global companies shared their insights on protecting intellectual property in emerging markets yesterday at our IP Forum (co-hosted with our friends at Dennemeyer). Here are three tips they had for start-up companies looking to launch into the global marketplace.
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.