Intellectual Property

By: Samantha Moench The Trump Administration enacted the Tax Cuts and Jobs Act (the “TCJA”) on December 22, 2017. It is claimed to be one of the most aggressive tax reforms in history. Not only did it change the tax brackets and taxation of corporate tax incentives, but it also introduced a new innovative tax incentive designed to encourage investment in economically distressed areas throughout the United States. The “Investing Opportunity Act” (“OZ Program”) is…
By Memorandum Order entered by The Honorable Leonard P. Stark in The Gillette Company LLC v. Dollar Shave Club, Inc., et al., Civil Action No. 15-1158-LPS-CJB (D.Del. March 21, 2019), the Court, among other things, denied Plaintiff’s motion seeking summary judgment as to the date of conception for the ‘513 patent. Plaintiff sought summary judgment that the invention of the ‘513 Patent was conceived in February 1998, which would have been before the prior art…
As consumers increasingly communicate and interact through social media platforms, courts have had to grapple with how to apply existing laws to new ways of communicating, as well as disseminating and using content. Sometimes, however, traditional legal standards apply to these new platforms in a straightforward manner. At least, that is what the court found in Dancel v. Groupon, Inc., a putative class action against Groupon, Inc., alleging that Groupon’s use of images originally…
Last month, the Government Accountability Office (GAO), the legislative agency tasked to conduct auditing, evaluation, and investigative services for the U.S. Congress, released a report regarding the sustainment of operational system software for Department of Defense (DoD) weapon systems. Software sustainment is essential to the operations of DoD weapon systems, including tactical and combat vehicles, and military aircraft. In relevant part, the report examined the extent to which the DoD has addressed challenges to securing necessary…
Let’s all hope that the Supplemental Trademark Register is not on the death watch. It appears though to be on life support, at times, and especially with the USPTO’s heightened focus on “merely informational” matter, including laudatory messages. This is a common basis for registration refusal nowadays: “Merely informational matter fails to function as a mark to indicate source and thus is not registrable.” Don’t all valid trademarks communicate information? Exactly. How does the USPTO know…
On 13 February 2019 the Commission, the European Parliament and the Council finally agreed the text of the long-awaited draft Copyright Directive (COM(2016)593) (“Directive“). The next step will be a vote in the EU Parliament on the agreed text on 26 March 2019. Ahead of that decisive vote, DSM Watch takes a deeper dive into the agreed language of the Directive, starting with the much debated Article 13 (This analysis is based upon the…
Kapoor v. National Rifle Association of Am., No. 18 C 4252, Slip Op. (N.D. Ill. Oct. 23, 2018) (Lee, J.). Judge Lee granted in part defendant National Rifle Association’s (“NRA”) Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction or, in the alternative to transfer to the Eastern District of Virginia pursuant to 28 U.S.C. §1404(a) in this copyright dispute involving plaintiff Kappor’s Chicago-based Cloud Gate sculpture, commonly known as the…
The USPTO is seeking to change its federal trademark laws for trademark applicants, registrants, and parties who have are domiciled outside the United States.  The proposed change would require applicants, registrants, and parties to hire a U.S.-licensed attorney for representation at the USPTO.  Additionally, U.S.-licensed attorneys representing anyone before the USPTO in trademark matters would be required to provide their bar membership information and confirm their status as an active member in good standing.  U.S.…
Over twenty years ago, the Ninth Circuit decided the case of Dr. Seuss Enterprises., LP v. Penguin Books USA, Inc.  That case involved a copyright infringement lawsuit brought by Dr. Seuss over a book entitled The Cat NOT in the Hat! A Parody by Dr. Juice.  This book was about the O.J. Simpson trial presented in Seuss style rhyming verse and animation. The work begins: A happy town Inside L.A. Where rich folks play The day…
The Federal Circuit weighed in on patent subject matter eligibility again last week, finding certain amino-acid containing dietary supplements, and related methods of use, to be patent eligible. In Natural Alternatives Int’l v. Creative Compounds, LLC, the Federal Circuit vacated the decision of the district court in the Southern District of California, which held that several sets of claims issued to Natural Alternatives International (“Natural”) were not directed to patentable subject matter under 35 USC…

Intellectual Property Blogs