IP & Technology Law Trends
All Articles
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...
Continue Reading >
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...
Continue Reading >
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...
Continue Reading >
USPTO and Copyright Office Announce Extensions to Deadlines Under the CARES Act
Apr 01, 2020
|
|
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...
Continue Reading >
I, Robot: PTO Seeks Comments on Protection for AI-Created Works
Earlier this year, the United States Patent and Trademark Office (USPTO) held a groundbreaking conference on the impact of artificial intelligence on the development of intellectual property. This week, the USPTO issued a follow-up notice, requesting...
Continue Reading >
Recreational Marijuana and Marijuana-Related Products Found Not to Be in the “Zone of Expansion” of Smokers Articles, Including Vaping Devices
A New York District Court recently denied a preliminary injunction to stop use of the mark WOODSTOCK in association with cannabis and cannabis-related products, in part because cannabis and cannabis-related products were found not to be in the “zone...
Continue Reading >