For publication in the Federal Register of June 24, 2026, having an effective of August 13, 2026, the USPTO is issuing a final rule to significantly tighten its review of petitions based on “unintentional delay.” For petitions filed on or after
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is a law firm that publishes content primarily focused on intellectual property law. Their blog covers topics such as patent application processes, trademark disputes, and developments in patent and trademark law. The firm provides analysis of recent legal decisions, updates on regulatory programs like those from the United States Patent and Trademark Office, and insights into procedural aspects of intellectual property protection. Their publications serve to inform practitioners, applicants, and stakeholders about changes and strategies in patent and trademark law.
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Netflix Prevails in Copyright Infringement Suit Regarding Tiger King
By Publisher
Netflix successfully defeated copyright infringement claims related to its 2020 pandemic-hit Tiger King: Murder, Mayhem and Madness. On April 30, 2026, the Tenth Circuit held that use of a 66-second video clip in the docuseries was fair use, applying the Supreme…
Supreme Court Recalibrates Contributory Copyright Liability
By Publisher
On March 25, 2026, the U.S. Supreme Court issued a closely watched decision with significant implications for Internet service providers, technology platforms, and copyright enforcement more broadly. In a ruling that pushes back against expansive theories of secondary liability, the…
TTAB Affirms Refusal of MARIO’S for Clothing Due to Likelihood of Confusion with MARIO’S 3.10 for Retail Apparel Stores
By Publisher
The “crowded field” argument is a common strategy used to overcome likelihood of confusion refusals: if an applicant points to enough similar third-party marks, the Board may conclude that each mark is entitled to a narrow scope of protection such…
USPTO’s Streamlined Claim Set Pilot Program: Accelerating Patent Approvals
The United States Patent and Trademark Office (USPTO) launched a new pilot program to reduce examination delays for certain patent applications starting October 27. For 12 months after publication in the Federal Register or until each Technology Center accepts at…
USPTO Introduces AI-Assisted Prior Art Search: Key Details for Applicants
The United States Patent and Trademark Office (USPTO) introduced the Automated Search Pilot Program, designed to give applicants early access to AI-generated prior art searches before substantive examination. Using an internal AI tool, the program identifies and ranks relevant prior…
Federal Circuit Reverses TTAB’s Determination that Trademarks Are Dissimilar Due to Lack of Evidence
By Publisher
The Federal Circuit reversed the Trademark Trial and Appeal Board’s (“TTAB”) dismissal of an opposition because the TTAB’s conclusion that the marks were dissimilar was not based on substantial evidence and because lack of actual consumer confusion was insufficient to…
TTAB Partially Cancels GUIDEON Trademark: Confusion Found for Employment Services, Not for Educational Offerings
By Publisher
The Trademark Trial and Appeal Board (“TTAB”) found confusion was likely when the identical GUIDEON mark was used to identify both the petitioner’s downloadable software app providing a services directory and navigation for military personnel and the respondent’s online employment…
TTAB Reverses Refusal of C SHARPE Mark: Slash in Mark Does Not Prevent Specimen from Being a “Substantially Exact Representation” of Drawing
By Publisher
The Trademark Trial and Appeal Board reversed the Examining Attorney’s refusal to register the mark C SHARPE, finding that the original specimen displaying “C/SHARPE” was a substantially exact representation of the mark, as the slash did not materially alter its…
Federal Circuit Confirms that Doll Collector (and Law Professor) Lacks Standing to Challenge Registration of RAPUNZEL for Dolls
By Publisher
In Curtin v. United Trademark Holdings, Inc., No. 2023-2050 (Fed. Cir. May 21, 2025), the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB) dismissal of Rebecca Curtin’s opposition to United Trademark Holdings, Inc.’s (UTH) registration of the mark…