As a further update to our earlier posts (U.S. Patent and Trademark Office Increases Extensions to Deadlines under the CARES Act; How the USPTO is Responding to the Coronavirus Outbreak; and USPTO and Copyright Office Announce Extensions
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Law Trends, published by Miller Nash Graham & Dunn LLP, covers a broad spectrum of legal topics with a focus on recent developments and practical implications in areas such as intellectual property, privacy and data security, employment law, environmental law, and litigation. The blog discusses significant court rulings, legislative changes, and regulatory updates affecting businesses and legal practitioners. It also addresses industry-specific legal issues, including technology and emerging business, real estate, and bankruptcy. The content often includes analysis of federal and state laws, compliance strategies, and insights into legal trends impacting various sectors.
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Case Update on 3M Co. v. Performance Supply
By Julie Reed
As an update to our earlier blog post, Judge Preska asked the defendant Performance Supply why she should not make the temporary restraining order permanent and ordered them to appear before her in person on May 4, 2020. They…
An Important Option to Consider for Filing Patent Applications in the COVID-19 Era
We may be living in uncertain times right now but that does not mean the end of technological innovations. In fact, many individuals, companies, and even entire industries are innovating more than ever now—intentionally or not—as they strive to adapt…
Stop Price Gouging Using Trademark Law? 3M Says Yes and Court Agrees
By Julie Reed
In early April, 3M filed a lawsuit against Performance Supply LLC of New Jersey for violating trademark law because they were reselling N95 masks they had purchased from 3M at more than a 500% markup (3M Co. v. Performance…
U.S. Patent and Trademark Office Increases Extensions to Deadlines under the CARES Act
As a further update to earlier posts (“How the USPTO is Responding to the Coronavirus Outbreak” and “USPTO and Copyright Office Announces Extensions to Deadlines”) regarding recent actions taken by the United States Patent and Trademark…
Supreme Court Reinforces Position That the Patent Office Has the Final Say on Whether to Initiate an Inter Partes Review
By Sean O'Brien
On April 20, 2020, the U.S. Supreme Court decided that the USPTO’s decision to institute inter partes review, even after the one-year statutory time limit for requesting the review, is not appealable. In other words, the USPTO has the final…
Your Trademark Just Became More Valuable: Romag Fasteners, Inc. v. Fossil Group, Inc.
By Brian Esler
Under the Lanham Act, a trademark owner can recover damages (i.e., the owners lost sales because of infringement), but also is entitled to disgorgement of the infringer’s profits from the infringement. But typically (at least in the Ninth Circuit), if…
CCPA Enforcement Will Not Be Delayed Due to COVID-19: Is Your Business in Compliance?
Enforcement of the California Consumer Privacy Act (CCPA) is set to begin on July 1, 2020. The global pandemic has many companies urging the California Attorney General (AG) to delay enforcement until 2021, since testing CCPA-compliant platforms can be much…
First Amendment Beats Trademark Rights Three Times in One Day
Trademarks protect against consumer confusion. But the First Amendment protects speech even when it may result in some confusion. When these two principles intersect, trademark holders may be surprised to find that the First Amendment often wins. In three March…
Thinking about Using Trademarks to Capitalize on the COVID-19 Pandemic? Think Again.
Over the past few weeks, many entrepreneurially-minded people have filed trademark registration applications with the U.S. Patent & Trademark Office in apparent attempts to cash in on the current global health crisis. Example marks from this influx of applications include:…