In Brief: Design patents have to stay in their lane.

In Brief:  Identifying a trade secret with specificity is the key to protection.

In Brief:  The First Sale Doctrine doesn’t always apply to gray market goods.

In Brief:  Each year, a new crop of creative works go into the public domain.

In Brief:  It’s time to acknowledge those who achieved infamy by committing Intellectual Property crimes during 2021.

In Brief:  Decisions by the Trademark Trial and Appeal Board don’t always have a preclusive effect on further litigation.

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.

In Brief:  If you intend to get your trademarks back after a transfer, be sure that’s what your documents say.

In Brief:  Pay attention and act fast or you may blow the statute of limitations.

In Brief: Doing no investigation before signing a USPTO document is considered fraud and can result in cancellation of a trademark registration.

In Brief:    Artificial intelligence (AI) cannot be deemed an “inventor” under the US Patent Act.

In Brief: How to fail to prove a trademark is generic.

In Brief: A former employee can’t always be forced to assign a patent to a former employer.

In Brief: Trademarks that co-exist for a long time don’t always create a likelihood of confusion.

In Brief:  Use of a licensed trademark is limited by the scope of the license.

In Brief:  Using someone else’s descriptive trademark can be fair use.

In Brief:  A trademark has to meet minimum standards of creativity for a copyright registration.

In Brief:   An emoji trademark wasn’t used in commerce.

In Brief:  Cannabis edibles cannot use a variation of non-cannabis trademark for candy.

In Brief:  Failure to be honest during a lawsuit can result in the court vacating a judgment.

In Brief:  Fleeting use of a copyrighted work in a documentary is fair use.

In Brief:  The US Supreme Court pretty much removed the stinger from the hornet that was Computer Fraud and Abuse Action (CFAA).

In Brief:  In a recent decision, the Tax Court determined the value of Michael Jackson’s image at the time he died.

In Brief: Initial interest confusion is still alive (sort of) despite a lot of criticism.

In Brief:   The US Supreme Court held that Patent Trial and Appeal Board judges need oversight by the Director of Patents.