Examiner interviews are a highly useful tool for not only helping the examiner to understand the invention described in the application, but also for helping the practitioner understand the examiner’s concerns about patentability.Read more
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.
Latest from Finnegan, Henderson, Farabow, Garrett & Dunner, LLP - Page 11
Ninth Circuit Waltzes with Choreographic Works
The 1976 Copyright Act significantly expanded intellectual property protection for dance by recognizing “choreographic works” as original works of authorship eligible for copyright protection. (Before the 1976 Act, narrative dance could be protected as a dramatic work, but abstract dance…
Judge Tells Jade Singer to “Walk Away” from Federal Trademark Suit
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…
Prosecution Pointer 403
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,…
NAD’s Latest Telecom Denigration Crackdown
In the latest of a string of heated telecom advertising disputes, the National Advertising Division (NAD) delivered a victory to T-Mobile US, Inc. (“T-Mobile”) in its challenge of claims made by Charter Communications Inc. (“Charter”). Charter’s claims involved a series…
I Forgot! Retroactive Foreign Filing License Petitions for U.S. Inventors
For a patentee filing for patent protection regarding an invention made in the United States, a license is required before filing any application for a patent in a foreign country. Failure to get a foreign filing license can lead to…
Prosecution Pointer 402
The USPTO’s Patent Center can take up to 60 documents uploaded in a single submission.Read more
Not So Sweet Consequences for Trade Associations and Influencers Who Didn’t Follow FTC’s Endorsement Guides
Earlier this year the Federal Trade Commission announced updates to its Endorsement Guides (“Guides”), which provide direction to advertisers to ensure that advertising using endorsements is truthful. The updated Guides address new and changing issues presented by the contemporary advertising…
Court Delivers Edible Arrangements a Copyright Victory, Leaving Contract Claim on the Table
In a copyright case with evidence of actual copying, the U.S. District Court for the Northern District of Georgia nevertheless dismissed copyright infringement claims on summary judgment, holding that allegedly copied features of software code were not protected under the…
Vans Skates Past Summary Judgment Challenge to the Validity of Its Shoe Trade Dress
Shoes come in many shapes and styles—running shoes, dress shoes, work boots, high heels, and (relevant here) skate shoes, to name a few. The designs of these shoes are virtually limitless, and if a shoe has a sufficiently distinctive and…