Trademark – Page 2 – Legal News Feed

Law360

USPTO’s New Focus on Technological Advancements Signals Progress for AI Patents

Pieter Gunst1 week ago03 mins

The United States Patent and Trademark Office (USPTO) is placing increased emphasis on concrete technological improvements in its patent eligibility assessments, a development that holds particular significance for artificial intelligence (AI)-related inventions. This shift suggests a more favorable stance toward patents that demonstrate tangible technological advancements. Historically, the USPTO has grappled with defining the boundaries…

Law360

Re/Max Sues Former Franchisee Over Trademark Dispute, Seeks $6.1 Million in Damages

Pieter Gunst2 weeks ago03 mins

Re/Max LLC has initiated legal action against a former franchisee in Colorado federal court, accusing it of trademark infringement and seeking more than $6.1 million in damages. The property listings company claims that the franchisee continues to use its trademarks despite the termination of two franchise agreements. This move underscores the intense efforts by companies…

Law360

Federal Circuit Weighs Jurisdictional Dispute in Patent Appeals Process

Pieter Gunst2 weeks ago03 mins

The ongoing legal skirmish between Squires and the U.S. Patent and Trademark Office (USPTO) has reached the Federal Circuit, where a patent challenger accuses the office’s director of impeding its appellate rights. The core of the dispute lies in whether the director’s action to reverse a favorable outcome for the challenger constitutes a “final written…

Law360

Legal Battle over Numeric Trademarks Highlights Complexities in Brand Protection

Pieter Gunst2 weeks ago03 mins

In a recent legal dispute that underscores the complex nuances of trademark law, the interaction between numeric trademarks and well-known brands has taken center stage. This case involves claims of trademark confusion between a footwear company and an NFL-themed restaurant chain, centered on the use of numeric trademarks. The dispute not only highlights how deeply…

Law360

Supreme Court Declines to Clarify on Co-Ownership of “Zioness” Trademark, Leaving Second Circuit Ruling Intact

Pieter Gunst2 weeks ago03 mins

The U.S. Supreme Court has declined to hear an appeal concerning the co-ownership of the “Zioness” trademark, effectively upholding the Second Circuit’s decision that two nonprofit organizations jointly own the mark. This decision leaves unresolved the broader legal question of whether separate entities can simultaneously hold rights to the same trademark. The dispute centers on…

Law360

Gilbert Hyatt’s Supreme Court Bid Challenges Prosecution Laches in Patent Law

Pieter Gunst2 weeks ago03 mins

Prolific inventor Gilbert Hyatt is urging the U.S. Supreme Court to address the controversial doctrine of prosecution laches, a legal principle allowing patent applications to be rendered unenforceable due to undue delays by the applicant. Hyatt contends that the U.S. Patent and Trademark Office (USPTO) has unjustly applied this doctrine to terminate his applications. His…

Law360

Ad.com Lawsuit Against Insurer Highlights Complexities of Trademark Coverage Obligations

Pieter Gunst2 weeks ago03 mins

In a dispute highlighting the intersection of intellectual property and insurance coverage, Ad.com has taken legal action against its Arizona-based insurer, claiming it has wrongfully denied a defense against a trademark infringement lawsuit. This legal confrontation involves allegations that Ad.com unlawfully appropriated brand identifiers from two technology companies to promote its own products. Such cases…

Law360

USPTO to Reevaluate Sanofi’s Patent Amid Obviousness-Type Double Patenting Concerns

Pieter Gunst2 weeks ago04 mins

The United States Patent and Trademark Office (USPTO) is set to reexamine the Patent Trial and Appeal Board’s (PTAB) approval of Sanofi’s patent application, which had previously been rejected on the grounds of obviousness-type double patenting. This review underscores the ongoing complexities surrounding double patenting in the pharmaceutical sector. Obviousness-type double patenting is a judicially…

Law360

USPTO Patent Decisions Highlight Evolving Strategies in Intellectual Property Battles

Pieter Gunst2 weeks ago02 mins

In a recent swift issuance of decisions, U.S. Patent and Trademark Office Director John Squires addressed several patent challenges under the America Invents Act. The directive instituted five petitions and denied four others based on discretionary grounds, drawing significant attention within the legal community. Of particular note, three of the denied petitions were brought forward…

Law360

Texas Challenges Trademark Claims: Lawsuit Over State Symbols Could Set National Precedent

Pieter Gunst2 weeks ago03 mins

In the latest legal entanglement over intellectual property, Texas has filed a lawsuit in federal court against a precious metals dealer, challenging its trademark claims over the shapes of the state of Texas and the iconic Lone Star from the state flag. This litigation centers around the use of what many consider symbols of Texan…

Law360

Apple Faces Setback in U.S. Patent Office Challenge Over Data Sharing Technology

Pieter Gunst2 weeks ago03 mins

Apple Inc.’s recent setback in its ongoing efforts to challenge patents has taken another turn. U.S. Patent and Trademark Office Director John Squires has articulated the reasoning behind a decision to deny Apple’s request for an inter partes review (IPR) concerning a patent related to data sharing technology. Squires pointed out that Apple’s arguments failed…

Law360

USPTO Tightens Conflict of Interest Rules for Patent Examiners Amid Legal Skepticism

Pieter Gunst2 weeks ago03 mins

U.S. Patent and Trademark Office Director John Squires recently announced a policy change aiming to eliminate conflicts of interest among patent examiners. Under the new directive, examiners are prohibited from evaluating applications for companies in which they have any financial stake. This move extends the previous restriction that only applied when financial interests exceeded $15,000….

Law360

“Progress and Challenges at the USPTO: Navigating Trademark Prosecution with New Leadership”

Pieter Gunst3 weeks ago03 mins

Since new leadership took charge at the U.S. Patent and Trademark Office, the agency has demonstrated progress across several metrics important for trademark prosecution. However, a deeper examination of the data reveals a more nuanced story, as highlighted in a recent report. Trademark filings have seen a noticeable uptick, with the latest statistics providing valuable…

Law360

Federal Circuit Upholds Discretionary Authority of USPTO, Impacting Tesla’s Patent Challenges

Pieter Gunst3 weeks ago03 mins

The U.S. Court of Appeals for the Federal Circuit recently denied Tesla Inc.’s petition for a writ of mandamus challenging the U.S. Patent and Trademark Office’s discretion in denying certain Patent Trial and Appeal Board (PTAB) reviews. This outcome leaves Tesla with only one active PTAB challenge in its ongoing efforts to contest patent decisions….

Law360

GAO Ruling Highlights Complexity of Federal Contracting Beyond Cost Factors

Pieter Gunst3 weeks ago03 mins

A recent decision by the U.S. Government Accountability Office (GAO) demonstrates the rigorous standards for federal contract disputes. A Maryland-based company that contested the U.S. Patent and Trademark Office’s (USPTO) awarding of a $62 million contract found its challenge denied, after failing to prove that its lower-cost proposal was unjustly overlooked. This decision underscores the…

Law360

U.S. Patent Office Clarifies Real-Party-in-Interest Guidelines, Balancing Rigor with Efficiency in Patent Reviews

Pieter Gunst3 weeks ago03 mins

In a significant update from the U.S. Patent and Trademark Office, Director John Squires has clarified guidelines regarding real-parties-in-interest (RPI) mistakes, offering insights into when these errors will not result in the rejection of petitions. As part of this update, Squires approved three inter partes reviews (IPRs) and denied ten others, providing critical guidance for…

Law360

Court Dismisses Patent Infringement Suit Against Google, Citing Misleading Application Conduct

Pieter Gunst3 weeks ago04 mins

In a noteworthy decision by the U.S. District Court for the Southern District of New York, Google emerged victorious as the court dismissed a patent infringement lawsuit filed by the proprietor of a location tracking patent. The lawsuit had accused the tech giant of infringing on its proprietary technology. This ruling was based on the…

Law360

Hayward Industries Files Trademark Lawsuit to Combat Unauthorized Sales on E-Commerce Platforms

Pieter Gunst3 weeks ago03 mins

Hayward Industries Inc., a prominent name in the pool equipment industry, is taking legal action against a series of limited liability companies. The move, initiated in a North Carolina federal court, seeks to halt these entities from marketing unauthorized Hayward products through online platforms, including Amazon. The pool supplier’s legal stance focuses on alleged infringements…

Law360

Federal Circuit Upholds USPTO Discretion in Patent Review Policies Amid Ongoing Debate

Pieter Gunst3 weeks ago03 mins

In a notable decision, the Federal Circuit has once again denied a petition challenging the U.S. Patent and Trademark Office (USPTO) over its application of settled expectations as a rationale to deny patent reviews. The ruling underscores the evolving dynamics within patent review processes, specifically related to the Patent Trial and Appeal Board (PTAB) and…

Bloomberg Law

Artists Embrace Trademark Law to Safeguard Creations from AI Encroachments

Pieter Gunst3 weeks ago03 mins

The growing influence of artificial intelligence (AI) in the creative domain is prompting artists to rethink how they protect their intellectual property. As AI-generated art becomes more prevalent, many are seeking ways to safeguard their creations through trademark protection. This trend reflects the increased vulnerability artists feel as digital tools become capable of replicating and…

Law360

Lindis Biotech Appeals $50M Verdict Reversal in Patent Dispute With Amgen

Pieter Gunst3 weeks ago03 mins

Lindis Biotech has challenged a Delaware federal judge’s decision that overturned a $50 million infringement verdict in their favor against Amgen. The biotech company argues that the judge erroneously concluded that an inventor engaged in deceitful conduct towards the United States Patent and Trademark Office (USPTO) during the patent prosecution process. Lindis, a German company,…

Law360

Federal Circuit Upholds USPTO Policy, Dismissing Further PTAB Challenges

Pieter Gunst4 weeks ago03 mins

In a decisive move, the Federal Circuit recently dismissed three additional challenges against the U.S. Patent and Trademark Office (USPTO) policies that have increasingly added hurdles for instituting Patent Trial and Appeal Board (PTAB) proceedings. This development brings the total of denied petitions since the implementation of the new policy framework to ten. The cases…

Law360

Verizon’s Federal Circuit Appeal Challenges USPTO Chief’s Patent Decision

Pieter Gunst4 weeks ago03 mins

In a recent legal development, Verizon has petitioned the Federal Circuit to reconsider a decision by former acting U.S. Patent and Trademark Office (USPTO) Director Coke Morgan Stewart, which nullified the Patent Trial and Appeal Board’s (PTAB) previous invalidation of a patent Verizon contested. The telecommunication giant argued that Stewart’s reversal was “irrational” and described…

Law360

Kong Co. Avoids Courtroom Clash with Founder by Settling Trademark and Patent Dispute

Pieter Gunst4 weeks ago03 mins

In a preemptive move to circumvent a potentially protracted and costly legal battle, Kong Co., a well-known dog toy manufacturer, has reached a settlement with its founder. This agreement arrives just days before a trademark and patent infringement trial was set to commence. The accord effectively halts one of the two ongoing litigations between the…

Law360

Sealy Technology Takes Legal Action in Trademark Row to Protect Brand Integrity

Pieter Gunst4 weeks ago03 mins

In a recent legal development, Sealy Technology LLC, the company behind the prominent Tempur-Pedic and Sealy brands, has initiated a trademark infringement lawsuit in a North Carolina federal court. The case targets a small mattress retailer accused of continuing to use the Tempur-Pedic and Sealy trademarks beyond the expiry of their retail agreement. This action…