In 1996, Congress amended the Copyright Act to create a new entitlement to royalties from certain performances of sound recordings for musicians who performed on those recordings—regardless of whether they have any ownership of the copyright in the recordings. The
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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Latest from Finnegan, Henderson, Farabow, Garrett & Dunner, LLP - Page 5
The USPTO’s “Experimental Use Exception Request for Comments”
By Publisher
The USPTO released “Experimental Use Exception Request for Comments” in the Federal Register on Friday June 28, 2024. 89 Fed. Reg. 53,963 (June 28, 2024). Read more
Basquiat Made a Name for Himself in Art, but Not in Alcoholic Beverages
By Publisher
Jean-Michel Basquiat was a New York-based visual artist whose contributions to the neo-expressionism artistic movement led to his rise to fame in the 1980s. Although Basquiat passed away in 1988 at the age of 27, his vast body of work…
Inherently Obvious: What is Happening?
“Inherently obvious.” Is that an oxymoron? Perhaps, but it’s a reality for patent practitioners.Read more
C.D. Cal. Says to Cher: “I Got You Babe”
By Publisher
There truly is no Sonny without Cher, and the Central District of California has agreed. In Cher v. Bono, the court held that federal copyright termination rights do not preempt an entitlement to royalties arising under state contract laws and…
Prosecution Pointer 423
By Publisher
For PCT applications, as a rule, an international search is carried out for all international applications. There are instances, however, where the International Searching Authority (ISA) will not be able to carry out a search. For example, where the international…
Inherency Remains High Bar to Meet
Inherent anticipation arises when the prior art discloses a property that is “necessarily present.” Arbutus Biopharma Corp. v. Modernatx, Inc., 65 F.4th 656, 662 (Fed. Cir. 2023); Trintec Indus., Inc. v. Top-U.S.A. Corp., 295 F.3d 1292, 1295 (Fed. Cir. 2002).…
SCOTUS: Trademark Content Restrictions Are Not Getting Smaller as Supreme Court Holds TRUMP TOO SMALL Cannot Be Registered
By Publisher
The Supreme Court has recently made significant efforts to clarify how the Lanham Act and the First Amendment interact in the context of trademark law. For example, in 2017, the Court in Matal v. Tam, 582 U.S. 218 (2017),…
Prosecution Pointer 422
By Publisher
In this electronic age of the USPTO’s Patent Center, the USPTO still accepts personal deliveries of patent applications. The USPTO’s address for deliveries is:Read more
Prosecution Pointer 421
By Publisher
There is a third-party observation system in PCT applications. Under Part 8, Section 801, the IB provides an electronic system for third parties to make observations referring to prior art that they believe to be relevant to the question of…