9th Circuit Punches the First Amendment into the Bowl
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
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
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
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...
Comments Due on §101 Patent Eligibility Guidance
Back in July 2022, the new Director of the USPTO, Kathi Vidal, announced that the USPTO would be seeking comments on its anticipated guidance on §101 patent-eligibility. The deadline for those...
USPTO Begins ID Verification for Trademark Applications
On June 30, 2022, the USPTO’s new Director, Kathi Vidal, discussed the new identity verification requirements for filing of new trademark applications, commencing on August 6, 2022 (just in five days...
Sequence Listing Big Bang Date Has Arrived
July 1, 2022 is the so-called “Big Bang” deadline for new PCT applications which disclose nucleotide and/or amino acid sequences to be filed using the new WIPO’s ST.26 Standard, rather than the...
New Copyright Claims Board to Accept Claims
U.S. Copyright Claims Board opens June 16, 2022 The U.S. Copyright Office announced that it will begin accepting claims at the newly-created Copyright Claims Board (CCB), today, June 16, 2022. The...
USPTO Terminating Agreement with Rospatent
Just as the war in Ukraine resulting from Russia’s invasion has passed 100 days, the United States Patent and Trademark Office (USPTO) announced it will terminate its agreement with its Russian...
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