A trademark is a word, name, symbol, or device (or combination thereof) used by a person or which a person has a bona fide intention to use in commerce to identify and distinguish goods or services from those of others.
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Fifth Circuit Addresses Fair Use Defense
The U.S. Fifth Circuit Court of Appeals addressed the fair use defense in a copyright dispute in Keck v. Mix Creative Learning Center, L.L.C., 116 F.4th 448 (5th Cir. 2024). In this case, Mix Creative began selling art kits…
Federal Circuit Dismisses Petition to Cancel Saints’ Mark
Michael Messier filed a Petition for Cancellation of the New Orleans Saints fleur-de-lis service mark, No. 992210 (“Saints Mark”). Mr. Messier asserted that he is a direct descendent of the Kings of France (Scotland, Aragon, and Castille) and that “he and…
Kean Miller Continues Its Success in the Domain Name Protection Game
A pair of recent intellectual property wins by Kean Miller under the Uniform Domain Name Dispute Resolution Policy (UDRP) tracks the busy trend of domain name cases filed with the World Intellectual Property Organization (WIPO). The wins further highlight the…
Made in Where Exactly? U.S.-China Trade War Draws Scrutiny on the Origins of Luxury Goods and Questions Around IP Enforcement
For the serious handbag collector, purchasing a Hermès Birkin is a pinnacle achievement. Beyond the eye-watering price tag for the purse alone, being offered a Birkin for purchase is often the result of several thousand dollars in prior sales with…
Federal Circuit Confirms Patent Applications Are Prior Art – Effective at the Filing of the Application, Not the Publication Date
On October 10, 2024, during an oral argument, the Federal Circuit was presented with an argument that patent applications, filed before the filing date of the challenged patent but not published until after the filing date of the challenge patent,…
Copyright and Trademark Guidelines for “The Big Game”
This article was originally published by Biz New Orleans.
NEW ORLEANS – Devin Ricci and Mary Love, Intellectual Property Lawyers with Kean Miller LLP, have issued a statement urging businesses and individuals to exercise caution to avoid unauthorized…
DON’T FORGET THE ®!
An owner of a trademark or service mark used in commerce may request registration on the principal register by filing an application with United States Patent and Trademark Office. The registration provides certain benefits including prima facie proof of ownership…
USPTO Issues Inventorship Guidance For AI-Assisted Inventions
In the fall of 2023, the Biden Administration issued the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.[1] In section 5.2 of the order, the administration charged the Under Secretary of Commerce for…
Copyright Office Rejects Another Bid to Register Artwork “Co-Authored” by AI
By Devin Ricci
On December 11, 2023, the Copyright Review Board affirmed the Copyright Office’s decision to reject Ankit Sahni’s application to register the AI-generated work depicted above. The artwork, entitled “SURYAST” was based on a photograph taken by Sanhi, which Sanhi submitted…