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Archive: December 2022 | Yonaxis I.P. Law Group

Archive: December 2022

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9th Circuit Punches the First Amendment into the Bowl

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The facts are as follows. The plaintiff, Punchbowl, Inc., is an online greeting card company, using and owning the PUNCHBOWL mark since 2006. The defendant AJ Press is the owner of PUNCHBOWL NEWS, an...

Fair Use Not Found in Foreign Judgment Case

In the runup to the issuance of the U.S. Supreme Court opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, which is due sometime in the spring 2023, which will deal with the...

Fed Circuit is Irritated by Renegade Judge Albright

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In In re Apple Inc., the Court of Appeals for the Federal Circuit granted Apple’s petition for writ of mandamus ordering the judge presiding over its district court patent infringement case, Alan D....

Registered Trade Dress Protectible Even if Many Features of Product Design Are Functional

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The Court of Appeals for the Federal Circuit ruled on November 9, 2022, in SoClean, Inc. v. Sunset Healthcare Solutions, Inc., in a decision involving trade dress, a sub-category of trademark law....

New Response Deadline Rule Soon to Take Effect

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As part of the implementation of the Trademark Modernization Act (TMA) of 2020, the new USPTO rule (formerly 37 C.F.R. §2.62(a)) to respond to trademark office actions will drop from the former...

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