IP & Technology Law Trends
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Supreme Court Grants Cert in Brunetti Appeal
Jan 07, 2019
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The U.S. Supreme Court has agreed to hear arguments in the case of Iancu v. Brunetti. This, as you may recall, is an appeal regarding the constitutionality of the Lanham Trademark Act’s section 2(a) provision precluding registration of “immoral” or “...
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Update: Give Me Liberty, or Give Me Death? Supreme Court May Resolve Circuit Split on Effect of Rejection of Trademark Licenses in Bankruptcy
In my September 11 blog post, Give Me Liberty, or Give Me Death?, I noted that the First Circuit’s decision in Tempnology—that rejection of a trademark license in bankruptcy divested the nondebtor licensee of its right to use the trademark—was subjec...
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Supreme Court Asked to Review De Havilland case
Sometime this month, the United States Supreme Court will announce whether it will grant certiorari to hear an appeal of Olivia de Havilland’s case against the producers of the popular television miniseries Feud. The series dramatized the legendary a...
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U. S. Supreme Court Will Decide What It Means to “Register” a Copyright
In this 2018-19 term, the United States Supreme Court will hear arguments on an issue that has long divided copyright attorneys and the courts that hear their cases. Under the Copyright Law, Section 411(a), a copyright owner may not bring an infringe...
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The Supreme Court Tells PTAB “All or Nothing”: SAS Institute v. Iancu
The Supreme Court recently issued an opinion that will increase the certainty for parties to a patent dispute of whether the validity of challenged claims will be decided in a post-grant review process or federal court. SAS Institute v. Iancu involve...
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USPTO Switches Gears on Registration of Disparaging Marks, but Not on Scandalous Marks
On June 26, 2017, a week after the U.S. Supreme Court unanimously held that the "disparagement clause" in Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a), violates the Free Speech Clause of the First Amendment in Matal v. Tam, the U.S. Patent and...
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