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Why USPTO Should Issue Inherency Guidance Memo
The U.S. Patent and Trademark Office should issue a new guidance memo in regard to the standard for inherency during the examination process, as the [...]
BCLP Joins Forces With Trial Lawyer Boutique In Seattle
Bryan Cave Leighton Paisner LLP announced Tuesday it has combined with a litigation group of 12 lawyers who formerly practiced together as Harrigan Leyh Farmer [...]
Women at the ITC in 2023: What This Year’s Data Shows
For the second year in a row, we pulled and analyzed data on the number of women who appeared in International Trade Commission (ITC) investigations. [...]
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to [...]
Pharrell's Neptunes Partner Says Hitmaker Committed Fraud
Pharrell Williams has claimed sole ownership of the name the Neptunes, a move that lawyers for the pop sensation's producing partner said was fraud and [...]
L'Oreal Wins Toss Of Trade Secret Suit Over Misconduct
A California federal judge tossed long-running trade secrets litigation against L'Oreal on Friday, saying that a hair coloring startup's misconduct in the case "casts doubt [...]
Split 9th Circ. Says Court Can Void Pot Co.'s TM Applications
A Ninth Circuit majority affirmed on Monday the cancellation of cannabis grower Central Coast Agriculture's trademark applications for its "Raw Garden" brand due to its [...]
Alien IP Suit Against New Age Video Co. Gaia Falls To Earth
A Colorado federal judge has dismissed nearly all of a lawsuit from a UFO community influencer against yoga and New Age content website Gaia Inc., [...]
Apple, Intel Again Lose Fintiv APA Challenge In Calif. Court
A California federal judge on Sunday ended Big Tech's coordinated challenge to Patent Trial and Appeal Board precedent that allows its judges to discretionarily deny [...]
Fed. Circ. Revives Challenges To J&J Schizophrenia Drug
A Federal Circuit panel on Monday gave generics-makers Teva Pharmaceuticals USA Inc. and Viatris Inc. a new chance to prove that a patent on Johnson [...]
Pool Co. Seeks $4.36M In Atty Fees After False Ad Verdict
Attorneys from McCarter & English LLP and Womble Bond Dickinson LLP are seeking more than $4 million in fees following a multimillion-dollar verdict in a [...]
Sports Illustrated Hits 'Gangster' Ex-Publisher With IP Suit
The owner of Sports Illustrated alleges in a $49 million lawsuit filed Monday in Manhattan federal court that an energy drink mogul acted like a [...]
Gwyneth Paltrow's Goop Faces TM Suit Over Health Products
Oregon-based Good Clean Love Inc. sued Gwyneth Paltrow's Goop Inc. for trademark infringement over its good.clean.goop women's health products, alleging that the rival's branding is [...]
High Court Refuses To Revisit Alice Ruling In Steel Beam Case
The U.S. Supreme Court declined Monday to revisit its landmark ruling on how courts should determine patent eligibility, this time rejecting a plea coming from [...]
Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, [...]
Ex-Pharma Co. Exec Denies Signing Noncompete Deal
The former director of government sales for a pharmaceutical company asked the North Carolina Business Court on Friday to knock out a breach of contract [...]
CAFC Sends Janssen Schizophrenia Treatment Claims Back to District Court for New Obviousness Analysis
The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled in a precedential decision authored by Judge Prost on Monday that certain claims of [...]
How Suit Over An AI George Carlin May Lead To Legislation
George Carlin’s estate recently sued a company over an artificial intelligence-generated podcast allegedly impersonating the late comedian, highlighting the importance of much-needed state and federal [...]
Parsing Chinese Governance On AI-Generated Content
As essential risk-mitigation, companies with a China reach should be aware of recent developments in Chinese oversight of AI-generated content, including the latest rulings and [...]
Negotiating Milestones In Pharma Licenses Requires Care
For life sciences companies, understanding the unique issues that arise in licensing agreements' milestone payment provisions can increase the likelihood and amount of payments received [...]
No Presents for Gift Card Patent Owner from Federal Circuit
AlexSam, Inc. lost its patent infringement cases against Simon Property Group/Blackhawk Network and Cigna Corporation in two separate decisions issued by the U.S. Court of [...]
In East Texas, Korean Biz Bags $10M Verdict Over 5G Patents
Jurors in Texas federal court ordered a Chinese phone manufacturer Monday to pay more than $10 million to Korean entity Pantech, in a patent dispute [...]
Duracell Gets Vape Co.'s 'Optimum' TM Suit Tossed For Good
A New Jersey federal judge has thrown out a vape company's trademark suit alleging Duracell U.S. Operations Inc. infringed on its trademark for the "Optimum" [...]
Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the [...]

Websites and Copyright

When you are building a website to advertise and promote the supply of your goods or services, it is important to keep your intellectual property rights and the intellectual property rights of others. Copyright Issues Copyright does not protect ideas, but rather the material form in which the ideas are expressed. The component parts of […]

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The Art of Writing Contracts in Plain English

Why can’t lawyers write in plain English? Why do lawyers like to overcomplicate things? Why do they tend to use hard-to-comprehend outdated terms in contracts? These are the questions often asked by the ordinary person trying to comprehend the pitfalls of excessive ‘business-speak’. Plain English is never muddled or confused. English that is clear and […]

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Trade Mark Symbols and How to Use Them

Using trade mark symbols is important to help identify your mark as being owned by you. It is not a requirement to use trade mark symbols in connection with your brand but it put competitors on notice that you take your intellectual property rights seriously and will enforce those rights. The ®, ™ and SM […]

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Key Considerations Before Applying for a Design Registration

You work in an industry where design innovation is important, for example, clothing furniture or jewellery. Perhaps you also have a new and distinctive design that you do not want others to copy. In order to protect your design, you need to register it with IP Australia in order to obtain design law protection. As […]

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How Long Does It Take To Register A Trade Mark in the United States?

You can register intellectual property rights in the United States for patents, designs, trade marks and copyright. The United States Patent and Trade Marks Office (USPTO) is a federal agency of the United States government responsible for the grant of intellectual property rights. In fulfilling this function, the USPTO fulfills the mandate of Article 1, […]

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IP Law Update: Intellectual Property for T-Shirts

The popularity of the t-shirt skyrocketed after Marlon Brandon wore one in “A Streetcar Named Desire”. The modern t-shirt started out as slip-on undergarment and then leveled up to casual clothing because it was easily fitted, comfortable, and inexpensive. Today, the humble “tee” has remained popular not only as casual wear but also as a […]

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News Flash: Release of the 2019 Edition of the World Intellectual Property Report

The World Intellectual Property Report 2019 entitled “The Geography of Innovation: Local Hotspots, Global Networks” was launched last November 12, 2019, 3:00 PM (GMT+1) at the World Intellectual Property Organization (WIPO) headquarters in Geneva, Switzerland. Through the analysis of millions of patent and scientific publications records, this Report shows findings related to the emergence of […]

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Copyright Infringement in a Computer Program

Computer programs are protected as a literary work under the Copyright Act 1968 (Cth). A “computer program” is defined as a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result. The High Court in Data Access v Powerflex (1999) in examining the […]

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Trade Mark Question: Can the word “Zero” be exclusively owned by one or by none?

The Coca-Cola Company (Coca-Cola) has been a globally known beverage corporation for over a century now. Its success greatly depends on the legal protection of its brand names through global trade mark filing and brand strategies. In the mid-2000s, however, Coca-Cola’s competitor, Royal Crown Cola Co. (RC Cola) initiated a trade mark battle when RC […]

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How long does it take to register a trademark in Australia?

Although you are keen to start your new business, at the outset you should start the process to register a trade mark to protect your brand name. With the expansion of the Internet and global commerce, trade marks have taken on a highly valuable significance. Trade marks are registered in respect of specified goods or […]

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