Intellectual Property
Joe Heino, Erin Kaprelian, Sherry Coley, and Stephen C. Jensen Author Chapter in 2021 Chambers Global Practice Guide on Trade Marks USA: Trends and Developments

Joe Heino, Erin Kaprelian, Sherry Coley, and Stephen C. Jensen Author Chapter in 2021 Chambers Global Practice Guide on Trade Marks USA: Trends and Developments

Davis|Kuelthau IP attorneys contributed to the 5th edition of Trade Marks USA: Trends and Developments 2021, published by Chambers Global Practice Guide. This guide is published within various areas of law and jurisdictions where a selection of legal experts, chosen by Chambers, elaborates on important legal issues in relation to the current...

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Supreme Court Rules Showing Willfulness Not Required for Award of Profits

Supreme Court Rules Showing Willfulness Not Required for Award of Profits

By: Erin E. Kaprelian The Supreme Court resolved a circuit split regarding whether a party whose trademark has been infringed must show that the infringement was willful in order to recover profits from the infringer. In Romag Fasteners, Inc. v. Fossil, Inc., the Court held that willfulness does not need to be shown in order for a party to...

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The Court of Appeals for the Federal Circuit Clarifies that Trademark Protection Is Available for “Graduated” and “Undefined” Color Schemes

By: Joseph S. Heino There are a number of famous colors that are trademark protected – such as the color brown, which is registered by UPS, and the color “robin egg blue”, which is registered by Tiffany & Co. This protection stems from the fact that such marks are “inherently distinctive”. That is, the colors have become so readily recognized...

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The United States Patent and Trademark Office Finally Weighs in on the CARES Act Allowing Waiver of Patent-Related and Trademark-Related Timing Deadlines

By: Joseph S. Heino and Erin E. Kaprelian The United States Patent and Trademark Office (USPTO) announced a temporary waiver of certain timing deadlines in view of the current COVID-19 outbreak. Section 12004(a) of the CARES Act provides the USPTO with the ability to toll, waive, adjust, or modify any deadline under the America Invents Act for...

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Property Owners: Before You White-Wash Graffiti, You Might Want to Reconsider

Property Owners: Before You White-Wash Graffiti, You Might Want to Reconsider

By: Joseph S. Heino and Ryan M. Spott In what could be considered an unusual extension of protections given to works of artistic expression, the Second Circuit Court of Appeals has issued an opinion affirming the value of certain street art – also known as graffiti.  Castillo v. G&M Realty L.P., No. 18-498-CV, 2020 WL 826392 (2d Cir. Feb. 20,...

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Joe Heino, Sherry Coley and Erin Kaprelian Author Chapter in 2019 Chambers Global Practice Guide on Trade Marks USA: Trends and Developments

Joe Heino, Sherry Coley and Erin Kaprelian Author Chapter in 2019 Chambers Global Practice Guide on Trade Marks USA: Trends and Developments

Davis|Kuelthau IP attorneys contributed to the 3rd edition of Trade Marks USA: Trends and Developments 2019, published by Chambers Global Practice Guide. This guide is published within various areas of law and jurisdictions where a selection of legal experts, chosen by Chambers, elaborates on important legal issues in relation to the current...

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A Unanimous Supreme Court Decides — If Your Copyright Registration Application is Still Pending, You Cannot Sue for Infringement

A Unanimous Supreme Court Decides — If Your Copyright Registration Application is Still Pending, You Cannot Sue for Infringement

By: Joseph S. Heino and Erin E. Kaprelian Yesterday, the United States Supreme Court brought U.S. copyright law in line with U.S. patent law and U.S. trademark law.  Specifically, the Court held that, in order to sue for copyright infringement, the copyright owner now needs to have his or her Federal Copyright Registration in hand before gaining...

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When Trademark Rights and Bankruptcy Collide

By: Sherry D. Coley and Tiffany E. Woelfel Toys “R” Us, Payless, The Limited, Bloomingdale’s, Sears, Shopko. Almost every month brings news of another large company declaring bankruptcy. But what happens to you if you are currently a business partner to a company that declares bankruptcy? How are your rights affected? This article will address...

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