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IP Intelligence
Takedown Tips for Brands Battling Unauthorized Distribution During the COVID-19 Pandemic
The hair salons are closed – now what? During this COVID-19 pandemic, many consumers are resorting to buying hair care products online, including products such as permanent hair colorants that…
IP Intelligence
3M Joins the Fight Against Rampant Price Gouging
By Kevin Wallace, Brady Cummins
Private enterprise has joined state and local governments in the fight against rampant price gouging during the COVID-19 pandemic. In response to the pandemic, state and local governments across the…
IP Intelligence
All’s Fair in Love and War . . . So What About Fair Use in the Time of Coronavirus?
In response to the COVID-19 pandemic, schools, colleges, universities, libraries and other institutions have closed and migrated their in-person classes and other offerings to an online model. But with the…
IP Intelligence
A Snap Shot on Inadvertent Licensing Through Social Media
On April 13, 2020, Judge Kimba Wood, of the U.S. District Court for the Southern District of New York, clarified what we knew to be true: Makers and creators should…
IP Intelligence
Are Federal Reserve Banks People Too? Federal Circuit Clarifies ‘Persons’ Capable of Petitioning for Post-Grant Patent Review Under the America Invents Act
By Jason Oliver
The Federal Reserve has been at the forefront of daily news in connection with its efforts to revive the national economy in the wake of the COVID-19 pandemic. At the…
IP Intelligence
Color Me Protectable: A Color Mark on Packaging May Be Inherently Distinctive
On April 8, 2020, the U.S. Court of Appeals for the Federal Circuit issued a precedent-setting opinion adding further clarity to the evolving body of law on a vexing question:…
IP Intelligence
Federal Circuit’s COVID-19 Response Brings Public Telephonic Oral Arguments and Patent Cases Decided on the Briefs
By John Murphy
The Federal Circuit’s April court week, held amid the COVID-19 pandemic, was like no other in the court’s history. Instead of hearing 12 oral arguments per day in its three…
IP Intelligence
Considerations for 3D Printing of Medical Devices, Accessories, Components and Parts During the COVID-19 Pandemic
By Katrina M. Quicker, Lindsay Holmes, Lee H. Rosebush, Marc Wagner
The medical device industry and the Food and Drug Administration (FDA) have been experimenting with three-dimensional (3D) printing for years. Shortages of medical devices such as personal protective equipment (PPE)…
IP Intelligence
7th Circuit Upholds Trademark ‘Fair Use’ Doctrine
By John Mueller
In an August 2019 decision, the 7th U.S. Circuit Court of Appeals upheld the earlier finding by the Northern District of Illinois of summary judgment that PepsiCo’s Gatorade division’s use…
IP Intelligence
US Patent and Trademark Office Issues FAQ on Temporary Extension of Due Date in Patent and Trademark Matters Authorized by CARES Act
As previously noted, on March 31, the US Patent and Trademark Office (USPTO) used its authority granted under the Coronavirus Aid, Relief, and Economic Security (CARES) Act to extend by…