MHCS brought an action at the Trademark Trial and Appeal Board (TTAB) seeking to cancel Les Grand Chais de France’s registered mark VEUVE OLIVIER for “sparkling wines,” arguing that it creates a likelihood of confusion with, and dilutes, MHCS’s VEUVE
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Prosecution Pointer 419
The First-Time Filer Expedited Examination Pilot Program, implemented by the U.S. Patent and Trademark Office (USPTO) and its Council for Inclusive Innovation (CI2) is designed to increase accessibility to the patent system for inventors who are new to the patent…
Fifth Circuit Finds Speculation and Clichés Not Enough to Make Musician Plaintiff a Copyright Rockstar
Affirming the district court’s award of summary judgment for the band Nickelback, the Fifth Circuit found a copyright plaintiff’s circumstantial evidence insufficient to support a finding that Nickelback had actually copied his work.Read more
Prosecution Pointer 418
If a US patent maintenance fee has not been paid in a timely manner and the owner of the patent wants to get the patent rights reinstated, a petition and proper fees are required. A petition to reinstate an expired…
Navigating the Nuances of § 102(e): A Critical Look at State Designation in PCT Applications and Its Impact on Patent Litigation
Patent practitioners continue to navigate the complexities introduced by the America Invents Act (AIA); they focus, however, less on the nuances of pre-AIA provisions. Yet, a recent ruling by the U.S. District Court for the District of Minnesota highlights a…
Winning the Battle but Not the War: Disclaimer Requirement Overturned, Section 2(d) Objection Upheld
Happs Place Barn and Grill is a local institution in Glenville, North Carolina. Honoring the town’s long history, the owners, Ol Happ’s Place Restaurant, LLC, resurrected an old, shuttered restaurant and crafted a new modern building from the bones of…
Prosecution Pointer 417
The AccessUSPTO pilot program works with national organizations and the public that do not specifically focus on intellectual property (IP), but whose members include aspiring creators, entrepreneurs, and inventors that could benefit from knowing how to protect their ideas, creations,…
The Federal Circuit’s Heartfelt Affirmation of Everybody’s Right to Use “Everybody vs. Racism”
On January 22, 2024, the Court of Appeals for the Federal Circuit affirmed a decision by the Trademark Trial and Appeal Board (the “TTAB”) to refuse registration of the phrase EVERYBODY VS RACISM in connection with merchandises and services promoting…
Update on Subject Matter Eligibility in the U.S.
The subject matter eligibility threshold under 35 U.S.C. § 101 continues to stymie efforts at patent enforcement and procurement, particularly in the fields of software and diagnostics. Under § 101, an invention is eligible for a patent if it is…