Trademark

February 1, 2021

Most of us were thrilled to see the calendar turn to 2021 on January 1, closing the chapter on what was an extremely challenging year around the globe. Now that we are a month into the new year, and the fireworks have faded and the noisemakers are packed away, we take a moment to highlight a few notable developments in the IP world that made a somewhat quieter entrance on the scene when the clock…

Protecting the Product

Pepper Spray Manufacturer’s Successful Self-Defense Reinforces Best Practices for Design Patents

By Michael Piery

January 25, 2021

The Federal Circuit’s recent decision in Super-Sparkly Safety Stuff, LLC v. Skyline USA, Inc. reinforces best practices for design patent enforcement and procurement. An important takeaway from this decision is that when enforcing design patents in litigation, patent owners should develop record evidence from fact and expert witnesses to assist the court in the ordinary observer analysis to ensure that motions for summary judgment of non-infringement are decided with a sufficient record. Another important…

Trademark & Copyright Law

Watch Now: Advertising Best Practices for the Generalist In-House Counsel

By Natasha Reed

January 14, 2021

Advertising can take many forms, including statements about a company’s products on websites and social media platforms. A wrong step can result in serious consequences, including legal challenges from competitors, consumers, the Federal Trade Commission, and other regulatory agencies. In this 60-minute webinar, designed exclusively for in-house counsel, you will learn how you can protect your company against legal challenges based on its advertising practices. You will also learn what options are available if your…

Protecting the Product

Brexit’s Impact on European Design Registrations

By Justin Doop & James Aquilina

January 4, 2021

The United Kingdom (UK) officially withdrew from the European Union (EU) in early 2020, which commenced a transitional period that expired on December 31, 2020. During this transitional period, the UK remained subject to the EU Design System and the design laws of the European Union Intellectual Property Office (EUIPO). However, as of January 1, 2021, the UK is no longer subject to the EUIPO design regime.…

Protecting the Product

Tips and Tools for Sellers to Combat Online Counterfeits During the Holiday Shopping Season

By Joel Tragesser

December 8, 2020

The end-of-year shopping season started strong in 2020 due to the COVID-19 pandemic restrictions that kept many consumers in their homes and buying online. Brand owners and sellers should thus be mindful of the various options at their disposal to stop counterfeit goods from stealing legitimate e-sales and disappointing unsuspecting consumers who are unable to inspect goods when purchasing online. Monitoring Online Platforms and Documenting Counterfeits As we do for many companies, brand owners should…

Protecting the Product

Augusta National Blazes a Trail to Registration of its Iconic Green Jacket

By James Aquilina

November 10, 2020

Since April 1949, when legendary golfer Sam Snead took the top prize, the winner of the annual Masters Tournament has been awarded a green blazer with gold buttons on the front and sleeves. Now, after more than 70 years of use, that color configuration as applied to a jacket—as shown in the mark image below—has become a federally-registered trademark.…

Protecting the Product

Recent PTAB Guidance on Permissible Drawing Amendments for U.S. Design Applications

By Justin DeAngelis

November 5, 2020

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Two recent decisions by the Patent Trial & Appeal Board (PTAB) highlight the nuances of allowable and impermissible drawing amendments during prosecution of U.S. design patent applications, and provide important guidance to design patent applicants on how to prepare their applications to ensure maximum flexibility during prosecution.…

Protecting the Product

Prince’s Estate Makes it Rain Purple on the USPTO

By James Aquilina

November 5, 2020

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Paisley Park Enterprises, Inc., the music publishing company founded by the late artist Prince, recently obtained a federal trademark registration for the purple color shown below known as “Love Symbol #2” in the Pantone Matching System. The registration covers music, video, and motion picture-related recording goods in International Class 009.…

Protecting the Product

New Revisions to Chinese Patent Law Increase Design Patent Harmonization

By James Aquilina

November 5, 2020

The China National Intellectual Property Administration (CNIPA) has recently published a Fourth Revision to the patent laws of the People’s Republic of China, and included in those revisions are several updates that help move Chinese design patent law towards harmonization with the laws of most other major markets. In particular, the following revisions—which will come into effect on June 1, 2021—are the most relevant for Chinese design patent applicants and design patent holders:…

Trademark & Copyright Law

Missing Appointments: Supreme Court Grants Certiorari in Arthrex v. Smith & Nephew

By Peter Sullivan

October 20, 2020

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While all eyes have been trained on the confirmation hearings from last week, the Supreme Court made news in the IP world. The Court granted certiorari in Arthrex v. Smith & Nephew (Nos. 19-1434, -1452, -1458), a decision analyzing the Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2. In Arthrex, a panel of the Federal Circuit held that the statutory scheme for appointing administrative patent judges (APJs) of the Patent Trial and Appeal…

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Out With The Old, In With The Gatsby Sequels: Trademark and Copyright News for the New Year

Pepper Spray Manufacturer’s Successful Self-Defense Reinforces Best Practices for Design Patents

Watch Now: Advertising Best Practices for the Generalist In-House Counsel

Brexit’s Impact on European Design Registrations

Tips and Tools for Sellers to Combat Online Counterfeits During the Holiday Shopping Season

Augusta National Blazes a Trail to Registration of its Iconic Green Jacket

Recent PTAB Guidance on Permissible Drawing Amendments for U.S. Design Applications

Prince’s Estate Makes it Rain Purple on the USPTO

New Revisions to Chinese Patent Law Increase Design Patent Harmonization

Missing Appointments: Supreme Court Grants Certiorari in Arthrex v. Smith & Nephew

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