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IP BLAWG
If at First You Don’t Succeed
Beverly A. Berneman
12/21/21In 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
Beverly A. Berneman
12/14/21In 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
Beverly A. Berneman
12/7/21In 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
Beverly A. Berneman
11/30/21 -
IP BLAWG
Reckless Disregard = Fraud
Beverly A. Berneman
11/16/21In 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
Beverly A. Berneman
11/9/21In 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
Beverly A. Berneman
11/2/21 -
IP BLAWG
You Can’t Make Him Drink
Beverly A. Berneman
10/26/21In 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
Beverly A. Berneman
10/19/21In 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
Beverly A. Berneman
10/12/21 -
IP BLAWG
Naming Rights in the Gig Economy
Beverly A. Berneman
10/5/21 -
IP BLAWG
Copyrighting a Trademark
Beverly A. Berneman
9/28/21In Brief: A trademark has to meet minimum standards of creativity for a copyright registration.
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IP BLAWG
My Own Private Emoji
Beverly A. Berneman
9/22/21 -
IP BLAWG
Nerdy High
Beverly A. Berneman
8/24/21 -
IP BLAWG
Honestly
Beverly A. Berneman
8/17/21In 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
Beverly A. Berneman
8/10/21 -
IP BLAWG
The Sting That Narrowed the Sting of Computer Fraud
Beverly A. Berneman
8/3/21In 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
Beverly A. Berneman
7/27/21In 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
Beverly A. Berneman
7/20/21 -
IP BLAWG
Who Judges Whom?
Beverly A. Berneman
7/13/21In 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
Beverly A. Berneman
6/22/21In 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
Beverly A. Berneman
6/15/21 -
IP BLAWG
Just in Time for Summer BBQ
Beverly A. Berneman
6/8/21 -
IP BLAWG
Bankruptcy Doesn’t “Un-Terminate” a Patent License.
Beverly A. Berneman
5/25/21In 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
Beverly A. Berneman
5/18/21In Brief: A plaintiff can’t get multiple statutory damages awards for the infringement of one work.
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