2023

In Brief:  The date of first disclosure of a patent determines the time period in which an application can be filed. Here’s What Happened: Win-Gen LLC filed an application to reissue an application for a utility patent involving an ornamental pattern on a petunia called the Cherry Star. The effect was generated from “a single […]

In Brief: The method for calculating liquidated damages isn’t simple math. Here’s What Happened: SIS, LLC was about to bid on a project that required certain software packages. To prepare the bid, SIS approached Stoneridge Software, Inc. as a possible subcontractor. SIS and Stoneridge executed a confidentiality agreement, prohibiting any party who receives confidential information […]

In Brief:  The identification of goods and services in a trademark application isn’t as easy as it might look. Here’s What Happened: First, a little background. The USPTO offers two types of applications. TEAS Plus allows an applicant to pay a lower fee ($250.00) but the identification of services has to be taken directly from […]

In Brief: An inventor can’t claim their invention is invalid after an assignment. Here’s What Happened: Csaba Truckai was one of the named inventors of a device used to treat vaginal bleeding. He and his fellow inventors founded a company called NovaCept, Inc. Csaba and his fellow inventors applied for a patent and then assigned […]

In Brief: Can a banana with duct tape infringe on the copyright of a banana and an orange with duct tape? Here’s What Happened: Joe Morford, created a work that consisted of a banana and an orange duct taped to a green background with masking tape added around the edges of the background. He published […]

In Brief:  To mark the conclusion of Black History Month 2023, we celebrate the remarkable Miriam Benjamin. Here’s What Happened: Miriam Benjamin (1861 – 1947) was an inventor, teacher, composer, and is credited with being the first female African-American patent attorney. Miriam attended Howard University’s medical school and “read the law” to become an attorney. […]

In Brief:  The use of a word for an expressive work is not trademark infringement. Here’s What Happened: Punchbowl Inc. is an online party and event planning service website, PUNCHBOWL, which creates invitations and greeting cards. AJ Press, LLC owns and operates PUNCHBOWL NEWS, a subscription-based online news publication that provides articles, podcasts, and videos […]

In Brief:  The USPTO refused to register “Assholes Live Forever” as a trademark.  Here’s What Happened: Kirill’s Big Brain, LLC operates the Linda Feingold website(https://www.lindafinegold.com/) which specializes in merchandise that displays such slogans as “Drug Money”, “All I Need is Sex, Booze & Weed” and “Walk of Shame Bag”. By far, its most prevalent merchandise […]

In Brief:   Hermes stopped an artist from using its Birkin bags in NFTs. Here’s What Happened: Hermès International and Hermès of Paris, Inc. sell luxury (i.e. expensive) Birkin handbags that range in price from $12,000 to $200,000. Around December 2021, Mason Rothschild created digital images of faux-fur-covered versions of the Birkin handbags that he titled […]