Intellectual Property Blog
The Lanham Act’s Restrictions on Calling Someone Out with Your Trademark: Implications of the “Trump Too Small” Case
The “Trump Too Small” trademark dispute centers on Steve Elster’s effort to register a politically charged phrase referring to former President Donald Trump for use on merchandise such as T-shirts. The US Patent and Trademark Office (USPTO) initially rejected Elster’s...
Here Come the Copyright Infringement Suits: How the Warner Chappell Music v. Nealy Case Made the “Discovery Rule” Critical in Determining When to Bring Your Case
When do you need to bring a copyright infringement claim before you lose the right? Under the U.S. Code, the copyright infringement statute of limitations is three years. So, you have to bring a claim within three years. Within three years of what? The usual answer is...
Design Patent Litigation Tactics: Where Is the (Dotted) Line Between Ornamental Features and Functional Features?
When deciding whether to apply for a design patent vs. a utility patent, the usual dividing line is that you use a utility patent for function and a design patent for appearance. Utility patents cover how an invention works, while design patents cover what an...
How to Challenge a Patent Before the PTAB
What Is an Inter Partes Review (IPR)? If you are a patent holder, you may already know and dread the term inter partes review. An inter partes review or IPR is an administrative trial held before the Patent Trial and Appeal Board (PTAB) to determine whether a patent...
When Do NFTs Violate Copyright Law?
2022 is the year for minting, buying, and selling NFTs. Understanding your intellectual property rights has never been more essential. Unfortunately, while many want to invest in NFTs, few understand the potential NFT copyright issues on the horizon. Tim spoke on this...
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....