A long-standing requirement for federal trademark registration under the Lanham Act is use of a product or service bearing the mark in commerce that is regulated by Congress. ...
The Federal Circuit recently provided additional guidance in McRO v. Bandai Namco, et al. regarding patentable subject matter analyses under 35 U.S.C. 101, finding that software-related...
In a two-part decision affirming the U.S. Court of Appeals for the Federal Circuit, the U.S. Supreme Court held in Cuozzo Speed Technologies, LLC v. Lee that the PTAB’s determination...
Based on current information, when changes do occur, the greatest change is likely to be for trademarks and designs, with the U.K. and the rest of Europe proceeding on separate paths...
In Immersion Corp. v. HTC Corp., the Federal Circuit announced a lenient approach in allowing a continuing application to be filed on the same day that the parent application issues...
In a unanimous decision in Halo Elec., Inc. v Pulse Elec., Inc., the Supreme Court overturned the cumbersome standards for awarding treble, or enhanced, damages for “willful&...
The Defend Trade Secrets Act (DTSA) was signed into law on May 11, 2016, expanding trade secret protections in the United States. The DTSA establishes a federal civil cause of...
Section 2(a) of the Lanham Act bars the U.S. Patent and Trademark Office from registering scandalous, immoral, or disparaging marks. 15 U.S.C. § 1052(a). According...
Today, in a 5-3 decision, the United States Supreme Court, Commil USA LLC v Cisco Systems, Inc., issued an important opinion that eliminates good faith belief of patent invalidity...
The U.S. Patent and Trademark Office (USPTO) announced significant changes to rules applicable to international design patents and extended the patent term for some design patents....
Garmin successfully used an Inter Partes Review ("IPR") counterattack when it was sued for patent infringement and, once Garmin settled with the patent owner, the Patent...
The trademark doctrine of "tacking" allows a trademark owner to gain superior rights based on earlier use of another mark that "create[s] the same, continuing commercial...