By: Erin E. Kaprelian On June 24, 2019, the Supreme Court handed down its decision in Iancu v. Brunetti, addressing whether, in light of its previous holding in Matal v. Tam, the Lanham (Trademark) Act’s prohibition on registration of “immoral” and “scandalous” trademarks represents a violation of the First Amendment. Six justices joined the majority…
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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 market trends and…
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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…
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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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By: Erin E. Kaprelian and Joseph S. Heino On January 22, 2019, the U.S. Supreme Court handed down its decision in Helsinn Healthcare S.A. v. Teva Pharmaceuticals Inc. The Helsinn case asked whether a sale of an invention to a third party, where the third party is required to keep the invention confidential, places the invention “on…
Read Full ArticleBy: Davis|Kuelthau’s Intellectual Property Team Hot on the heels of the Court of Appeals for the Federal Circuit (CAFC) ruling that patent trial discovery conduct can result in the invalidating an otherwise valid patent (Regeneron Pharmaceuticals, Inc. v. Merus N.V. (Fed. Cir. 2017)), the CAFC held on June 11, 2018 that a failure of one…
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On June 22, 2018, the Supreme Court issued its ruling in WesternGeco LLC v. ION Geophysical Corp. This case centered around the question of whether, under the damages provisions of the Patent Act, a patent owner can recover for lost foreign profits when components of a patented invention are shipped overseas for assembly and use….
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The United States Patent and Trademark Office (“USPTO”) experienced a historic moment yesterday – its 10 millionth patent was issued to Raytheon Co, a major U.S. defense contractor. While it is clear from this landmark moment that there has been an explosion of activity regarding patent application filings in the United States, what does that…
Read Full ArticleBy Erin E. Kaprelian The newly-appointed United States Patent and Trademark Office (USPTO) Director Andrei Iancu testified before the House Judiciary Committee as part of an Oversight Hearing on May 22. As part of his testimony, Iancu discussed Section 101, which addresses what subject matter is patentable and what is not. “In some areas of…
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By Ryan M. Wiesner The courts have been busy lately reviewing federal trademark law. Understanding new decisions and recent trends is important for every growing business, since company brands, logos, and slogans are oftentimes its most valuable assets. Recent federal cases have broadened the types of trademarks that can be protected under federal law, giving…
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