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…
Read MoreBy: 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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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…
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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: 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…
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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 MoreBy Joseph S. Heino On Monday, June 19, 2017, the United States Supreme Court issued a decision in the case of Matal vs. Tam in which it concluded that the government may not refuse to register a trademark that is potentially offensive to an individual or group of individuals. Just as the First Amendment protects…
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By Joseph S. Heino On Monday, May 22, 2017, the United States Supreme Court issued a decision in which it reined in the venues where an action for patent infringement against a corporate defendant can be brought – T.C. Heartland LLC v. Kraft Foods Group Brands LLC. Previously, and going back to 1990, a “special…
Read MoreBy Joseph S. Heino While owning a franchise can be rewarding and profitable, many prospective franchisees overlook the fact that their new business venture comes equipped with a permanent supervisor – the franchisor. Thought you would be running your own show? Think again. Before you enter the world of franchising, it is best to conduct…
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