Whether you keep up with the Kardashians or you are just a casual Instagram user, you have probably been exposed to social media influencer posts. Due to social media’s increased marketing importance, companies will offer free products, money or other
Everything IP Under One Digital Roof
Brought to you by the Intellectual Property team at Kean Miller LLP
Everything IP Under One Digital Roof, published by Kean Miller, focuses on intellectual property law including patents, trademarks, copyrights, and trade secrets. The blog covers topics such as patent office policies and procedures, AI-related patent innovations, trademark rights and disputes, copyright fair use defenses, trade secret protection strategies, and litigation developments. It discusses practical legal issues faced by businesses and creators in protecting and enforcing IP rights, as well as recent court decisions and administrative changes affecting intellectual property practice. The content addresses the intersection of IP law with technology, commerce, and creative industries, providing insights relevant to practitioners and stakeholders in various sectors.
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What will America be dunkin’ in 2019? Loyal Dunkin’ Donuts Fans Make the Case for the Value of a Strong Brand
By Kean Miller
Dunkin’ Donuts recently announced that it will be officially dropping “Donuts” from its name to more align its brand with its expanded menu offerings and changing store experience to appeal to a younger generation. Although its signature pastry will still…
Caramel deLites v. Samoas – What’s in a name?
By Kean Miller
It’s Girl Scout Cookie Time! The arrival of those industrious young women and the delicious products they peddle is always a welcome time of year at our home. We have been waiting for a year to get our Samoas fix. …
Disparaging and Scandalous Trademarks Fair Game for Trademark Protection
For over 70 years, the Lanham Trademark Act has banned the federal registration of any trademark comprised of “immoral, deceptive, or scandalous matter” or matter which may “disparage. . . or bring [persons, institutions, beliefs or national symbols] into contempt…
Offensive Trademarks are Protected Under the First Amendment
The Supreme Court ruled Monday that a provision of federal trademark law banning offensive trademarks from federal registration is unconstitutional. Matal v. Tam, No. 15-1293 (U.S. June 19, 2017). The case concerned a dance rock band’s application for a federal…
Supreme Court Restricts Patent Infringement Venue, Upsets Eastern District of Texas “Rocket Docket”
On May 22, the Supreme Court tightened the reigns on where a patent infringement case with a corporate defendant can be filed, uprooting nearly three decades of common practice. TC Heartland LLC v. Kraft Food Brands Grp. LLC, No. 16-341…
Federal Circuit Clarifies, Bolsters On-Sale Bar
Generally, an invention is not patent eligible if it has become publicly known. If the patent is subject to a sale or offer for sale prior to the critical date, it has become “publicly known” and thus no longer eligible…
Supreme Court Reverses and Remands on Award of $399 Million to Apple
On December 6, 2016 the Supreme Court ruled on the nearly $400 million dollar damages award to Apple, Inc. adding yet another chapter in the nearly five year-long case between the technology giant and a competitor, Samsung Electronics, Co. in…
The New Defend Trade Secrets Act of 2016 Provides Federal Remedies for Trade Secret Misappropriation
On May 11, 2016, President Barack Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”). Through the DTSA, claims for trade secret misappropriation will now have a basis in Federal law and Federal Courts will have jurisdiction…
Googling the Marketplace of Ideas
For many inventors, the grant of a patent application is quite exciting. However, once the inventor seeks to market their invention, they can find the process costly and overwhelming. Often when small companies or solo inventors develop new ideas that…