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IP BLAWG
If at First You Don’t Succeed
In Brief: Decisions by the Trademark Trial and Appeal Board don’t always have a preclusive effect on further litigation.
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IP BLAWG
Spinal Fusion
In Brief: Generally, a patent has to disclose all enabling features of the invention. However, an invention can be partially protected by a patent and partially protected by trade secrets.
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IP BLAWG
You Can’t Go Back
In Brief: If you intend to get your trademarks back after a transfer, be sure that’s what your documents say.
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IP BLAWG
Tick, Tick, Statute of Limitations
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IP BLAWG
Reckless Disregard = Fraud
In Brief: Doing no investigation before signing a USPTO document is considered fraud and can result in cancellation of a trademark registration.
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IP BLAWG
Sorry C3PO and R2D2, You Can’t Be Inventors
In Brief: Artificial intelligence (AI) cannot be deemed an “inventor” under the US Patent Act.
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IP BLAWG
Opposition to Trademark Split at the Seams
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IP BLAWG
You Can’t Make Him Drink
In Brief: A former employee can’t always be forced to assign a patent to a former employer.
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IP BLAWG
Pizza Wars Part II: New York Style
In Brief: Trademarks that co-exist for a long time don’t always create a likelihood of confusion.
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IP BLAWG
Pizza Wars Part I: Chicago Style
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IP BLAWG
Naming Rights in the Gig Economy
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IP BLAWG
Copyrighting a Trademark
In Brief: A trademark has to meet minimum standards of creativity for a copyright registration.
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IP BLAWG
My Own Private Emoji
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IP BLAWG
Nerdy High
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IP BLAWG
Honestly
In Brief: Failure to be honest during a lawsuit can result in the court vacating a judgment.
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IP BLAWG
Glittery Fish Sticks and Tater Tots
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IP BLAWG
The Sting That Narrowed the Sting of Computer Fraud
In Brief: The US Supreme Court pretty much removed the stinger from the hornet that was Computer Fraud and Abuse Action (CFAA).
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IP BLAWG
A Thriller Judgment Against the Tax Man
In Brief: In a recent decision, the Tax Court determined the value of Michael Jackson’s image at the time he died.
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IP BLAWG
Putting Confusion to Bed
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IP BLAWG
Who Judges Whom?
In Brief: The US Supreme Court held that Patent Trial and Appeal Board judges need oversight by the Director of Patents.
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IP BLAWG
Clearly, the Clear Brand Wasn’t Clear
In Brief: The Trademark Trial and Appeal Board refused to register “Clear” for opaque goods.
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IP BLAWG
No Silver Lining for the Producer
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IP BLAWG
Just in Time for Summer BBQ
Beverly A. Berneman
6/8/21 1 -
IP BLAWG
Bankruptcy Doesn’t “Un-Terminate” a Patent License.
In Brief: Terminating a patent license prior to the filing of a bankruptcy doesn’t result in an avoidable fraudulent transfer.
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IP BLAWG
Copyrighted Flowers Have Only So Many Damages Petals
In Brief: A plaintiff can’t get multiple statutory damages awards for the infringement of one work.
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