Intellectual Property Blog
How the New Trademark Modernization Act May Affect You
Congress passed the Trademark Modernization Act (TMA) in 2020, and any business owner seeking, holding, or challenging trademarks should be aware of the changes the Act made to trademark law. The TMA decreases the “deadwood” of abandoned trademarks and helps ensure...
Vidal v Elster Activity
Can you diss someone by name in a trademark application? Nope. See Vidal v Elster (aka the "TRUMP TOO SMALL" case). See also, the "names clause" in trademark law, which is prohibition on the registration of a mark that “[c]onsists of or comprises a name . . ....
DraftKings Invalidates Remote Gaming Patents Drawn to Ineligible Subject Matter
Introduction The United States Court of Appeals for the Federal Circuit ("CAFC") affirmed a district court's dismissal of Beteiro's patent infringement cases because of subject matter ineligibility. The patents concerned facilitating remote gaming activity....
Deere in the headlights:Federal Circuit Invalidates Rosen-Durling Test
In a recent landmark decision, the Court of Appeals for the Federal Circuit delivered a significant blow to the Rosen-Durling test, a long-standing method used to determine the obviousness of claimed designs in design patent applications and invalidity proceedings....
How to Get Funding for Your Business from The CHIPS Act
CHIPS, TIP, and Regional Engines: Re-Establishing the American Semiconductor Market Today the United States has a fingerhold on the global semiconductor market, barely 12% compared to the robust 37% we had a quarter-century ago. Despite the world’s hunger for...
Nealy Copyright Case
When does a copyright claim begin? When the victim discovers the infringement? Or when the violator began making money from the infringing act? In the 1980s, independent music producer Sherman Nealy and business partner Tony Butler, through Nealy’s label Music...
Ensuring Copyright Protection: Navigating Legal Challenges with TBillick Law
In a world where creative content is constantly produced and shared, ensuring the protection of your intellectual property is paramount. TBillick Law PLLC understands the intricacies of copyright law and is dedicated to helping creators navigate its complexities. This...
In House IP Counsel
In-House Counsel and IP Patent Protection Many companies, whether they specialize in intellectual property or only think about the occasional trademark or copyright seldom think in terms of leveraging their IP into part of the company’s income portfolio. Part of this...
Patent Infringement Royalties
Pursuit of Profits: Seeking Restitution in Patent Infringement Cases Thanks to recent rulings by the U.S. Supreme Court, and the rise of opportunists known as “patent assertion entities,” or more commonly, “patent trolls,” patent litigation has become less reliable...