Under the authority granted by the Coronavirus Aid, Relief, and Economic Security (CARES) Act, on March 31, 2020, the United States Patent and Trademark Office (USPTO) originally extended certain patent due dates falling between March 27, 2020, and April 30,
IP Intelligence
Insight on Intellectual Property
The IP Intelligence blog, published by Baker & Hostetler LLP, focuses on intellectual property law developments including patent eligibility, trademark enforcement, and regulatory investigations related to emerging technologies. It covers legal issues such as method of treatment claims in patents, extraterritorial application of trademark laws, and legislative efforts to clarify patent eligibility standards. The blog also addresses enforcement challenges in online marketplaces, the impact of federal investigations on AI technologies, and nuances in trademark rights involving common law users. Its content is aimed at providing updates and analysis on IP litigation, regulatory scrutiny, and legislative changes affecting intellectual property rights and enforcement strategies.
Latest from IP Intelligence - Page 14
Can a Good Deed Ever Go Unpunished? Patent Infringement Considerations for Technologies Used to Combat COVID-19
With the COVID-19 outbreak, institutions and corporations are scrambling to develop and produce COVID-19 tests and cures, while at the same time hospitals are facing a lack of personal protective equipment (PPE) and lifesaving medical devices such as ventilators.
Major…
No Luck Needed for Lucky Brand at the Supreme Court
The Supreme Court yesterday issued its second trademark decision of this term.
In Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., Case No. 18-1086 (S. Ct. May 14, 2020), the ultimate question before the Court was the applicability of…
Industry Initiatives to Ensure Access to Intellectual Property Rights Associated With COVID-19 Treatment
In response to the COVID-19 outbreak, all sectors of industry have taken almost unprecedented steps to ensure access to intellectual property, mainly patent rights, associated with COVID-19 treatments. Through these initiatives, it is possible to use the intellectual property to…
Key UPSTO Initiatives to Ease Burden On Patent Owners and Patent Applicants During the COVID-19 Outbreak
Since the COVID-19 outbreak, the United States Patent and Trademark Office (USPTO) has tried to ease the burden on patent owners and applicants. The key USPTO initiatives are summarized below.
I. Waiver of paper filing requirements for plant patent applications…
A Brief Summary of the Key USPTO Initiatives to Speed Up Development of Treatments for COVID-19
Since the COVID-19 outbreak, the United States Patent and Trademark Office (USPTO) has implemented initiatives designed to expedite the grant of patents directed to COVID-19 treatment or to expedite the licensing/commercializing of patents/published patent applications directed to COVID-19 treatments. The…
[Insert Yell Here]: Rapper Pitbull Receives Trademark Registration for “EEEEEEEYOOOOOO!” Sound Mark
Platinum-selling music artist Pitbull has received two trademark registrations for a signature yell used in his music. The United States Patent and Trademark Office (USPTO) issued two sound mark registrations, U.S. Reg. Nos. 5877076 and 5877077, for “entertainment services in…
SCOTUS Livestreams Oral Arguments on BOOKING.COM Trademark Registerability
On Monday, we listened in real time to the livestreamed Supreme Court oral arguments in the trademark registration case United States Patent and Trademark Office v. Booking.com B.V. Because of COVID-19, the arguments were done telephonically, but with the added…
‘No One Can Own the Law’: Supreme Court Holds Annotations to State Statutes Are Not Protected by Copyright
The Supreme Court issued a 5-4 decision on April 27, 2020, in Georgia v. Public.Resource.Org, upholding the Eleventh Circuit’s ruling that the Official Code of Georgia Annotated (OCGA) is not entitled to copyright protection. The majority’s decision found that the…
A Finding of Willfulness Is Not Required for an Award of Profits in a Trademark Infringement Case
The Supreme Court has definitively answered the question of whether a plaintiff in a trademark infringement suit is required to show, as a precondition to a profits award, that a defendant willfully infringed the plaintiff’s trademark. By a unanimous vote,…