IP & Technology Law Trends
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TTAB Continues to Trim Cannabis-Related Marks
Continuing the precedent established last month by In Re JJ206, LLC dba JuJu Joints, the TTAB recently released its decision in In re Ultra Trimmer, LLC, which affirms the PTO’s increased vigilance of cannabis-related trade and service marks. Here, t...
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The Supremes Unanimously Limit the Galactic Design-Patent-Infringement Damages Award in One of the Apple v. Samsung Design-Patent Wars
More than 120 years have passed since the United States Supreme Court last tackled the issue of damages in design-patent cases. This month, the Court put an end to that silence with its decision in Samsung Electronics Co. v. Apple Inc., handing Samsu...
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It’s Tax Fraud Season: Take Action Today to Avoid This Common Data Breach Scenario
Last year, many businesses suffered data breaches during tax season when their employees divulged other employees’ W-2 information (including Social Security numbers) to criminals. Sadly, we are starting to receive reports that the criminals are back...
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The Supreme Court Hears Oral Argument in Portland Band The Slants' Trademark Case
On Wednesday, January 18, 2017, the U.S. Supreme Court heard oral argument in Lee v. Tam, a case reviewing the U.S. Court of Appeals for the Federal Circuit's en banc decision in In re Tam holding that the disparagement provision in Section 2(a) of t...
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Can Publishing Research in a Peer-Reviewed Journal Constitute False Advertising?
Scientists like to publish their research so as to advance scientific knowledge. Scientific journals often vet proposed articles and suggest changes or further research in order to exercise some quality control over the research published. However, a...
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Free Speech and Functionality
The Founding Fathers ensconced intellectual property rights into the fabric of the original Constitution. Article I, Section 8, Clause 8, of the United States Constitution grants Congress the power "to promote the progress of science and useful arts,...
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