By Tamar Duvdevani
Federal courts have long addressed when and if aspects of functional items can be subject to copyright protection. In the United States, “useful articles” such as lighting fixtures, furniture, appliances, and apparel, are generally not afforded copyright
Re:Marks on Trademark and Copyright
A blog focusing on brand issues, trademark, copyright, advertising and more.
Re:Marks on Trademark and Copyright, published by DLA Piper, focuses on legal developments and issues related to trademark and copyright law. The blog covers topics such as intellectual property infringement, software license agreements, trademark disputes involving brand protection and enforcement, regulatory updates from the USPTO including procedural changes, and guidance on trademarking emerging product categories like CBD. It also addresses cross-jurisdictional trademark enforcement challenges and practical considerations for brand owners in various markets. The content is aimed at providing legal insights on protecting and enforcing intellectual property rights in commercial contexts.
Latest from Re:Marks on Trademark and Copyright - Page 12
THE ARTIST FORMERLY KNOWN BUT POSSIBLY PROTECTED
By Tamar Duvdevani
There are two registered trademarks on the USPTO principal registrar for RASPBERRY BERET – one for cookies, the other for fruit-flavored beverages. But neither of them belong to the former artist formerly known as Prince, may he…
OBAMA SIGNS FEDERAL TRADE SECRET BILL INTO LAW: KEY POINTS FOR IP
By Victoria Lee, Rajiv Dharnidharka, Katherine Cheung
President Barack Obama today signed the Defend Trade Secrets Act (DTSA) into law, effective immediately.…
RETAILER TRENDS: IN-STORE BIG DATA ANALYTICS
By Carol A.F. Umhoefer (New York)
Gone are the days when the CCTV outside the dressing room was only there to dissuade – or help prosecute – shoplifters. Bricks-and-mortar retailers are increasingly moving from the real world to the virtual…
TOOLS TO PREVENT COUNTERFEIT GOODS FROM ENTERING THE UNITED STATES
By Ann K. Ford and James Stewart (Washington, DC)
One of the frequently noted yet seldom discussed benefits of trademark and copyright registration in the United States is the ability to record those registrations with US Customs and Border Protection…
.STORE, .VIP, .EMAIL: NEW GENERIC TOP LEVEL DOMAINS (NEW GTLDS) HIT BY CYBERSQUATTERS
By Dr. Ulrike Grübler & Michael Schidler
Almost 5 years ago, the Internet Corporation for Assigned Names and Numbers (ICANN) agreed on the stepwise introduction of new generic Top Level Domains (new gTLDs). Around 970 new domain names such as .ticket,…
The Role of Evidence in Inter Partes Review
By Michael L. Burns IV and Erica J. Pascal (Reposted from IPT News Q1 2016)
From denying a famous hedge fund manager’s IPR petitions to upholding all claims at final written decision, evidentiary issues alone have decided…
TOP FRANCHISE DECISIONS: TWO STANDOUTS FROM 2015
By: Barry M. Heller, John F. Verhey, John A. Hughes (Reposted from IPT News Q1 2016)
Perhaps the most significant decision last year affecting franchising was not issued by a court and did not involve a…
SUPREME COURT CORNER Q1 2016
By: Stan Panikowski, Brian Biggs, Andrew N. Stein (Reposted from IPT News Q1 2016)
Cases to watch in 2016
Life Technologies Corp. v. Promega Corp
PATENT – Cert. PENDING
Issue: Whether the Federal Circuit erred in holding that…
CYBERSECURITY PAST IS PROLOGUE
By:Tara Swaminatha (Reposted from IPT News Q1 2016)
Cyberattacks on businesses and developments in cybersecurity law took prominent places on the world’s front pages in 2015. As 2016 unfolds, we are not seeing an abatement in this…