In a political environment in which even a global virus pandemic cannot seem to foster bipartisan legislative cooperation, the growing surge in fraudulent trademark applications – many of which are maturing into issued trademark registrations – has done just that.
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 17
USPTO Tightens Unintentional Delay Standards for Certain Petitions to Revive, Acceptances of Delayed Maintenance Fee Payments, and Delayed Priority or Benefit Claims
The United States Patent and Trademark Office (USPTO) allows for the revival of abandoned applications, acceptance of delayed maintenance fee payments, and acceptance of delayed priority or benefit claims by the filing of a petition.[1] Abandoned applications can be…
Breaking Down the Briefing in Google v. Oracle: Petitioner’s Brief
A decade-long dispute between Google and Oracle regarding Google’s alleged infringement of Oracle’s copyright in its application programming interface (API) will culminate in a Supreme Court decision that will have lasting effects on the copyrightability of software. This post, which…
What Does Brexit Mean for Your European Union Trademarks?
The United Kingdom withdraws from the European Union today. The implementation period runs for the next 11 months, through Dec. 31. During this time, European Union trademark filings (“EUTMs”) will continue in full force in the U.K.
Unless the time is extended,…
Be Sure to Ask Your Scientists the Right Questions or Risk Losing Patent Protection
Welcome to the IP Intelligence Blog. We have merged the Copyright, Content, and Platforms blog into the IP Intelligence Blog to provide a single source for IP updates. We hope you enjoy our thought provoking posts on Intellectual Property related…
PTAB by the numbers: A closer look at the most recent PTAB AIA trial statistics
The United States Patent and Trademark Office (USPTO) recently posted the Patent Trial and Appeal Board (PTAB) statistics for December 2019 (first quarter of FY2020).[1] Despite some inconsistences in the data, the statistics reveal some trends:
- Inter partes
…
Can Booking.com Trademark Its Company Name? How Will the U.S. Supreme Court Resolve Whether a Generic Term Plus a Top-Level Domain Is Protectable?
By Jason Oliver
The legal battle between Booking.com BV and the U.S. Patent and Trademark Office (USPTO) began more than five years ago and concerns whether the online hotel booking company can secure a trademark registration for its name. After filing for trademark…
Who Is Holding the Bag: How Will the Supreme Court Resolve the Circuit Split on Recovery of Profits in Trademark Cases?
Two weeks from now, on January 14, 2020, the Supreme Court will hear oral argument in Romag Fasteners, Inc. v. Fossil, Inc. on the long-standing circuit split over whether willful infringement is a necessary precondition for an award of profits…
POP Addresses IPR Printed Publication Standard
The Precedential Opinion Panel (POP) of the Patent Trials and Appeals Board (PTAB) recently answered the question, “What is required for a petitioner to establish that an asserted reference qualifies as a ‘printed publication’ at the institution stage?” According to…
Settlement Offers Can Be Used Against You (in a Patent Case)
Rule 408 of the Federal Rules of Evidence protects settlement communications. The language of the rule is clear. Such communications are “not admissible . . . to prove or disprove the validity . . . of a disputed claim.” However, there…