Partner
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If at First You Don’t Succeed
12/21/21
In Brief: Decisions by the Trademark Trial and Appeal Board don’t always have a preclusive effect on further litigation.
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Spinal Fusion
12/14/21
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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You Can’t Go Back
12/7/21
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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Tick, Tick, Statute of Limitations
11/30/21
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Reckless Disregard = Fraud
11/16/21
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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Sorry C3PO and R2D2, You Can’t Be Inventors
11/9/21
In Brief: Artificial intelligence (AI) cannot be deemed an “inventor” under the US Patent Act.
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Opposition to Trademark Split at the Seams
11/2/21
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You Can’t Make Him Drink
10/26/21
In Brief: A former employee can’t always be forced to assign a patent to a former employer.
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Pizza Wars Part II: New York Style
10/19/21
In Brief: Trademarks that co-exist for a long time don’t always create a likelihood of confusion.
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Pizza Wars Part I: Chicago Style
10/12/21
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Naming Rights in the Gig Economy
10/5/21
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Copyrighting a Trademark
9/28/21
In Brief: A trademark has to meet minimum standards of creativity for a copyright registration.
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My Own Private Emoji
9/22/21
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Nerdy High
8/24/21
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Honestly
8/17/21
In Brief: Failure to be honest during a lawsuit can result in the court vacating a judgment.
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Glittery Fish Sticks and Tater Tots
8/10/21
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The Sting That Narrowed the Sting of Computer Fraud
8/3/21
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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A Thriller Judgment Against the Tax Man
7/27/21
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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Putting Confusion to Bed
7/20/21
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Who Judges Whom?
7/13/21
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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Clearly, the Clear Brand Wasn’t Clear
6/22/21
In Brief: The Trademark Trial and Appeal Board refused to register “Clear” for opaque goods.
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No Silver Lining for the Producer
6/15/21
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Just in Time for Summer BBQ
6/8/21
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Bankruptcy Doesn’t “Un-Terminate” a Patent License.
5/25/21
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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Copyrighted Flowers Have Only So Many Damages Petals
5/18/21
In Brief: A plaintiff can’t get multiple statutory damages awards for the infringement of one work.
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