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.
Patterson Thuente IP is pleased to once again announce that four of our lawyers have been named to the 2019 Edition of The Best Lawyers in America. Congratulations to the following attorneys:
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.
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.
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.
Rushmore Photo & Gifts, Inc. (RPG), the Niemann family, and Wal-Mart Stores, Inc. are celebrating a victory over Sturgis Motorcycle Rally, Inc. (SMRI) in a controversial, six-year trademark dispute over the name “Sturgis.” On March 10, the Court found that RPG and Wal-Mart had valid equitable defenses to SMRI’s trademark claims. The Court vacated and dismissed the entire jury damage award of $912,500, ruling that “SMRI is barred from recovering damages and profits from the defendants for the time period prior to October 30, 2015.”
A patent lawsuit can be one of the harshest realities facing your innovative business. Whether enforcing or defending one, a patent lawsuit undoubtedly brings cost and uncertainty—two things all companies wish to avoid. For small and medium sized businesses, these lawsuits can be devastating. Fortunately, you can limit this cost and uncertainty by talking to an intellectual property attorney. Timing is everything when it comes to protecting your business and IP. Here are three examples of when it may make sense to do so:
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.