You may know that “aspirin,” the word commonly used to describe acetylsalicylic acid, was once a trademark – i.e., brand name – for the acetylsalicylic acid made by one company: Bayer. The word “aspirin” lost its trademark status because the
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.
Latest from Intellectual Property Law - Page 4
Trademark Ownership: A Rebuttable Presumption In Favor of Manufacturers
By Daniel Agius
All too often parties lack the foresight to contractually address potential intellectual property issues. When those issues bubble over into full-fledged disputes, it often falls to the courts to fill the void in contractual language. Two primary tests have been…
No More Laches Defense for Patent Infringement
In what some perceive as a major shift from decades of precedent, the United States Supreme Court held last week that laches – unreasonable delay – is no longer a valid defense against a claim for patent infringement so long…
Anticipating an Answer to the Most Vexing Question in Copyright Law?
Arguably one of the “most vexing” questions in all of copyright law will be answered this year. Or at least that is what many in the furniture and fashion industry are hoping.
The question is what test should be used…
Branding Revisited: Takeaways From the 2016 Managing the Trademark Asset Lifecycle Conference
Last week I was fortunate to attend the Managing the Trademark Asset Lifecycle Conference, hosted by World Trademark Review. The topics discussed throughout the day touched on everything from assessing portfolio strength and valuation to leveraging the financial value…
Smack Talk: Whole Foods’ Quest to be “World’s Healthiest”
Whole Foods recently garnered attention when its trademark application for World’s Healthiest Grocery Store was rejected by the U.S. Patent and Trademark Office. The trademark examiner focused on the “World’s Healthiest” part of the proposed mark and found the phrase…
Did My UK IP Rights Just “Brexit” The European Union?
One of the overlooked issues of Britain’s decision to leave the European Union is the implications of “Brexit” on the rights afforded to individuals and entities holding European Union trademark and design registrations (a/k/a “EU Community Registrations”). The EU Community…
Whole Lotta Love for Zeppelin in Jury Verdict On Stairway Copyright Trial
After less than a day of deliberation, a California jury has found the members of the legendary group Led Zeppelin (and their record label) did not copy the famous opening riff of Stairway to Heaven from an earlier song by…
The Defend Trade Secrets Act Of 2016
On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”), which has been widely hailed as the “most significant expansion” of federal intellectual property law since the passage of the Lanham Act 70…
Washington Football Franchise Calls an Audible, Tries to Score at the Supreme Court
Last week, the United States Patent and Trademark Office (“USPTO”) in Lee v. Simon Shiao Tam, asked the United States Supreme Court to reverse the decision of the United States Federal Circuit, which held that trademark law’s ban on “disparaging”…