The U.S. Patent and Trademark Office (USPTO) has clarified the eligibility criteria for design patents, particularly regarding computer-generated digital designs. On Thursday, guidance was issued that expands the scope of what can be considered for patent protection. This new directive emphasizes that designs embodied in holograms, virtual reality, and similar immersive technologies are eligible for…
A Texas federal judge has permitted the continuation of a trademark infringement lawsuit involving Maida’s Belts & Buckles, a Houston-based company renowned for its handcrafted leather goods. The case centers on allegations that Lasting Designs, LLC, operated by a family member, has been unlawfully using trademarks associated with the Maida’s brand. Maida’s Belts & Buckles,…
In a recent development, the U.S. Department of Justice has announced that a former patent examiner from the U.S. Patent and Trademark Office (USPTO) agreed to a settlement of $122,000 over allegations involving a conflict of interest. The agreement was reached after it was discovered that the examiner had reviewed patent applications for a company…
In a significant development at the U.S. Patent and Trademark Office (USPTO), Director John Squires has released a memorandum addressing how domestic industry considerations and the size of the patent owner will play a role in the discretionary denial of Patent Trial and Appeal Board (PTAB) petitions. The changes were outlined in a memo issued…
In a recent decision, the U.S. Court of Appeals for the Federal Circuit upheld the Trademark Trial and Appeal Board’s (TTAB) ruling, which rejected an attempt by an automotive hardware company to revoke a competitor’s trademark on the term “Dress Up Bolts.” This decision reinforces the TTAB’s original stance, affirming the distinctiveness of the trademark…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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….
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…
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….
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…
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…
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…
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…
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…
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…