In its first opportunity to apply the Supreme Court’s recent decision in Jack Daniel’s Properties v. VIP Products LLC, which held that the First Amendment did not protect infringing works that “use [the complainant’s] mark [ ] as a mark,”
On December 4, 2023, the Court of Appeals for the Federal Circuit vacated a $2.18 billion damage award against defendant Intel Corporation because it found plaintiff VLSI Technology LLC had erred on its damages calculation, that one of the asserted
A UK court has ruled that Getty Image’s lawsuit against Stability AI for copyright infringement over generative AI technology can proceed. Stability had sought to have the case dismissed, alleging in part, that the AI models were trained in the
On December 4, 2023, the Court of Appeals for the Federal Circuit vacated a $2.18 billion damage award against defendant Intel Corporation because it found plaintiff VLSI Technology LLC had erred on its damages calculation, that one of the asserted
Suppose you have an inventor or applicant who asks you to file a patent application in the U.S. However, the applicant has limited financial resources for filing the patent application. Should you claim small entity status or micro entity status
The United States Patent and Trademark Office (“USPTO”) is amending the rules of practice in patent cases by creating a separate space for individuals with educational backgrounds in design-related disciplines to qualify to practice before the USPTO in the limited
Urgent Security Alert: USPTO Impersonation Scam Calls by Jaime Chandra
Urgent Security Alert: USPTO Impersonation Scam Calls
Several clients have reported convincing scam calls from individuals claiming to be representatives of the United States Patent and Trademark Office (USPTO).We
Co-ownership of trademarks is rare. Some courts have even gone so far to say co-ownership is disfavored. But co-ownership disputes do occasionally reach the courts, most recently in Reed v. Marshall, which involved band members arguing over the use of
In the USPTO’s Patent Center, registered users can upload PDF, .docx, .txt and .zip files into Patent Center. For a PDF, the maximum file size is 25MB; for .docx, the maximum size is 10MB; and for .zip and .txt files,
From the decision:
The main issues in this appeal are governed by the United States Supreme Court’s recent decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC, 599 U.S. 140 (2023). Applying Jack Daniel’s, we conclude that Vans is