Intellectual Property Publications

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…

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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…

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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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