Katherine von Drachenberg using the Miles Davis reference. Screenshot from Complaint.Read more
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Latest from Finnegan, Henderson, Farabow, Garrett & Dunner, LLP - Page 2
Trademark Application for Fruity Pebbles’ Colors—“Yabba-Dabba-Delicious” but Not Protectable
In a precedential decision, the Trademark Trial and Appeal Board (“TTAB”) affirmed refusal of Post Foods, LLC’s application to register a color mark, consisting of “the colors of yellow, green, light blue, purple, orange, red and pink applied to the…
Update to USPTO Guidance for Determining Obviousness
In 2007, the USPTO published “Examination Guidelines for Determining Obviousness Under 35 U.S.C. 103 in View of the Supreme Court Decision in KSR International Co. v. Teleflex Inc.”. This was updated in 2010 and now, as of Feb. 27, 2024,…
Prosecution Pointer 414
The USPTO’s Patent and Trademark Resource Centers Program (PTRC) administers a nationwide network of public, state and academic libraries designated as Patent and Trademark Resource Centers authorized by 35 U.S.C. 12 to: disseminate patent and trademark information and support diverse…
“In the Ayer”: The Supreme Court Considers the Availability of Retrospective Damages for Copyright Infringement
On February 21, 2024, the Supreme Court heard oral argument in Warner Chappell Music, Inc. v. Nealy, a case focusing on the availability of damages for copyright infringement. At issue is whether a copyright plaintiff may obtain retrospective relief for…
Prosecution Pointer 413
The USPTO issued guidance to judicial Boards on holding parties responsible for the misuse of AI in legal proceedings. The guidance clarifies exiwsting rules and policies and discusses how to apply them when AI is used in the drafting of…
E.D. Pa. Delivers Summary Judgment Victory in Row Over Meta Tags
In today’s ever-evolving online world, the intersection between trademark infringement and the use of trademarks as meta tags is an issue receiving more and more attention. In a drawn-out dispute spanning more than five years , the United States District…
Prosecution Pointer 412
The USPTO issued inventorship guidance and examples for AI-assisted inventions. The guidance, which went into effect February 13, 2024, makes clear that AI-assisted inventions are not categorically unpatentable. The guidance provides instructions to examiners and stakeholders on how to determine…
D. Mass Says They’re Both the Bad Art Friend
In October 2021, Robert Kolker published a longform feature in The New York Times Magazine with the title “Who Is the Bad Art Friend?” In his piece—which sparked widespread discussion online about the ethics of altruism, art, and…