The United States Patent and Trademark Office recently issued an Examination Guide clarifying the standard for refusing trademark applications on genericness grounds. Like other substantive refusals, to establish a prima facie case of genericness, the examining attorney must provide “sufficient
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Decentralized Domains: Metaverse Land Grab
As the metaverse continues to become a more established marketplace, and consumers become more familiar with non-fungible tokens (NFTs), NFT marketplaces, decentralized domains, bitcoin, crypto wallets and the blockchain, it is no surprise that intellectual property (IP) owners are starting
The Federal Circuit Provides Insight on Experimental Use and On-Sale Bar
On April 29, 2022, the Court of Appeals for the Federal Circuit issued an opinion for Sunoco Partners Marketing & Terminals L.P. v. U.S. Venture, Inc., U.S. Oil Co., Inc. (2022 WL 1275697).This case touched on a number of issues,
Supreme Court Calls for Views of Solicitor General on Petition Involving International Reach of U.S. Trademark Law
This morning, the Supreme Court called for the views of the Solicitor General on the pending petition for writ of certiorari in Abitron Austria GmbH v. Hetronic International, Inc. In Abitron, the Court of Appeals for the Tenth Circuit allowed
Third-Party Complaints Must Shift Liability—Not Defeat It
A party sued for patent infringement may seek to shift some or all of its liability through an indemnification claim. While a patent infringement defendant may seek to implead an indemnitor under Rule 14 of the Federal Rules of Civil
World IP Day – A Day To Celebrate Youth-Led Creativity
World Intellectual Property Day is again upon us. While last year’s theme focused on IP for small businesses, the focus this year is on celebrating youth-led innovation and creativity. With the increased consumption of media and the ease of
New Combined Petition Option for the Expanded Collaborative Search Pilot Program – Is It Worth Implementing Into Your International Patent Portfolio Strategy?
Effective March 29, 2022, the United States Patent and Trademark Office (USPTO), the Japan Patent Office (JPO) and the Korean Intellectual Property Office (KIPO) will accept a new combined petition option to participate in the Expanded Collaborative Search Pilot (CSP)
Forced Nationalization of Patent Monopolies Held by “Unfriendlies” in Russia
On February 24, 2022, the world watched in horror at Russia’s unprovoked invasion of Ukraine.[1] Lost in the destruction and devastation inflicted on Ukraine and her people, is Russia’s effective nationalization of patents in Russia with owners in foreign
Close Case for Non-obviousness of Pharmaceutical Formulations — Adapt Pharma v. Teva Pharma
In Adapt v. Teva, the Federal Circuit affirmed the district court’s findings that methods of administering a naloxone nasal spray formulation were invalid as obvious. The decision, which the Court notes was a “close case,” reminds us how difficult it
While CBD is Widely Available, Registering Marks for Ingestibles with CBD is Not
In two recent decisions, the Trademark Trial and Appeal Board (TTAB) made it abundantly clear that attempting to register a mark for ingestibles containing cannabidiol (CBD) likely will be an exercise in futility.
In In re Harbor Hemp Company LLC,