Two manufacturers of large inflatable swan-shaped pool floats made a splash in a New York appeals court earlier this month. The Second Circuit rejected a New York company’s attempt to claim exclusive trade dress rights to a swan-shaped pool float,
Intellectual Property Law
The Intellectual Property Law blog published by Cole Schotz P.C. covers a range of topics related to trademark and patent law, including trademark application strategies, USPTO examination standards, and recent legal developments affecting intellectual property rights. The blog discusses practical issues such as the protectability of trademarks, enforcement considerations, and the impact of consumer perception on trademark registration. It also addresses specialized programs like the USPTO's COVID-19 Prioritized Examination Pilot Program for patents. The content reflects ongoing changes in intellectual property law and provides guidance on navigating trademark and patent processes effectively.
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We May Finally Learn When You Can Sue For Copyright Infringement
The U.S. Copyright Act permits, but does not require, registration of copyright-protected works with the U.S. Copyright Office. Nevertheless, under the U.S. Copyright Act, registration by the Copyright Office (or ruling by the Copyright Office refusing to register) is, among…
Patent Act (Sometimes) Permits Recovery of Profits Lost on Foreign Soil
In the globalized economy, it can be hard for businesses to know what country’s laws apply. The stakes can be especially high in patent cases, which often involve millions and even billions of dollars.
The United States Supreme Court gave…
Sculpting Brand Protection with Non-Traditional Trademarks
Hasbro, Inc. recently made headlines when it received a federal trademark registration for the scent of its Play-Doh product. While it isn’t impossible to register a trademark for a scent, it is rare, and it is a reminder of…
No, Animals Cannot Claim Authorship Under the Copyright Act
Animal selfie enthusiasts rejoice – your pet cannot sue you for copyright infringement for reproducing their pictures online under the Copyright Act of 1976. The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) has now answered the…
The New Tax Law May Make Your Patents and Other IP Less Valuable
One little-publicized part of the new tax law (Tax Cuts and Jobs Act of 2017) may negatively affect the value of some patents and other intellectual property. It does so by changing the tax treatment of income from sales of…
Blurred Lines: You Could Decide The Next Big Music Copyright Case!
In 2015, a California jury decided that the mega-hit “Blurred Lines” by Pharrell Williams, Robin Thicke, and Clifford Harris (a/k/a “T.I.”) infringed the copyright in Marvin Gaye’s song, “Got To Give It Up.” The jury awarded Gaye’s heirs $7.4 million. …
ALERT: Register (Or Re-Register) Your DMCA Agent Online By December 31, 2017 Or Lose Safe Harbor Eligibility For User-Generated Content On Your Website
The Digital Millennium Copyright Act (“DMCA”) affords an invaluable safe harbor to online “service providers” (as that term is very broadly defined in the DMCA) for copyright infringement claims arising from user-generated content posted to a service provider’s website. To…
The First Amendment and Trademarks: Protecting “The Thought We Hate”
The First Amendment and Trademarks: Protecting “The Thought We Hate”
Can the federal government refuse to register offensive trademarks? The Supreme Court held yesterday that it cannot. Although the case did not directly involve the “Washington Redskins” trademark registration, discussed…
Farewell to Texas? Supreme Court Limits Where Alleged Patent Infringers Can Be Sued
For a number of years, patent owners have had broad discretion to bring patent infringement lawsuits in court locations, or “venues,” based on perceived strategic advantages and their own convenience. A federal district court in eastern Texas, for example, has…