IP & Technology Law Trends
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Supreme Court Reinforces Position That the Patent Office Has the Final Say on Whether to Initiate an Inter Partes Review
On April 20, 2020, the U.S. Supreme Court decided that the USPTO’s decision to institute inter partes review, even after the one-year statutory time limit for requesting the review, is not appealable. In other words, the USPTO has the final say for a...
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Your Trademark Just Became More Valuable: Romag Fasteners, Inc. v. Fossil Group, Inc.
Under the Lanham Act, a trademark owner can recover damages (i.e., the owners lost sales because of infringement), but also is entitled to disgorgement of the infringer’s profits from the infringement. But typically (at least in the Ninth Circuit), i...
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First Amendment Beats Trademark Rights Three Times in One Day
Trademarks protect against consumer confusion. But the First Amendment protects speech even when it may result in some confusion. When these two principles intersect, trademark holders may be surprised to find that the First Amendment often wins. In...
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Thinking about Using Trademarks to Capitalize on the COVID-19 Pandemic? Think Again.
Over the past few weeks, many entrepreneurially-minded people have filed trademark registration applications with the U.S. Patent & Trademark Office in apparent attempts to cash in on the current global health crisis. Example marks from this infl...
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USPTO and Copyright Office Announce Extensions to Deadlines Under the CARES Act
Apr 01, 2020
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As an update to our earlier post regarding deadlines and operation of the United States Patent and Trademark Office (USPTO) during the ongoing COVID-19 situation, the USPTO under the authority of the CARES Act announced extensions to the time allowed...
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How Patent Offices Outside the United States Are Responding to the COVID-19 Pandemic
Mar 31, 2020
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It has been more than two weeks since the United States Patent and Trademark Office issued a formal response to the COVID-19 pandemic announcing that certain petition fees could be waived for patent applicants who are personally impacted by the novel...
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