In the last week, significant developments in the London legal scene have transpired. Among them, three cases prominently stand out. Firstly, we see that Glencore is now facing a claim from Eton Park. The now-defunct hedge fund is leveraging legal action in relation to Glencore’s recent bribery scandal. In the sphere of intellectual property, Delta…
Recently published guidance from the US Patent and Trademark Office (USPTO) on November 16 sheds light on the patentability of design claims that encompass computer-generated electronic images. The revised guidelines strive to provide clear directives as to when a design patent claim that includes a computer-generated electronic image per se, or such an image displayed…
In a non-precedential decision, the Federal Circuit upheld the Trademark Trial and Appeal Board’s (“TTAB”) decision that the slogan “Everybody vs Racism” is not registrable as it fails to function as a trademark. For a mark to be registrable, it must meet a threshold requirement. It must be able to “identify and distinguish” the goods…
In a recent turn of events, the United States Patent and Trademark Office (USPTO) has echoed its previous stance that the Dynamic Drinkware, LLC v. National Graphics, Inc. case is inapplicable to patents and patent applications falling under the America Invents Act (AIA). This latest affirmation came via the designation of the PTAB’s decision in…
In a recent development in patent law, the U.S. Patent and Trademark Office (USPTO) published fresh guiding principles concerning the requisites for design patents concerning computer-generated images, icons, and graphical user interfaces. This significant step came to light in a publication in the Federal Register on November 17, 2023. This move by the USPTO is…
Intellectual Property (IP) protection of featured characters in both digital and physical media is a complex and continually evolving game. A recently publicized case, In re Joseph A. Stallard (dba Osgoode Media), demonstrated a fresh perspective upon registration of character images in connection with video games as trademarks. In its ruling, the Trademark Trial and…
Thanksgiving traditionally signals the beginning of the festive season, a revered period where loved ones unite over sumptuous meals to reminisce about past memories and foster new ones, express appreciation, and strengthen familial bonds. It also acts as a reminder for another annual festive event: the Thanksgiving challenge — the point at which friendly, often…
The United States Patent and Trademark Office (USPTO) has unveiled plans to enhance the transparency of its operations and protect the judicial independence of the Patent Trial and Appeal Board (PTAB). As per a Notice of Proposed Rulemaking issued on October 6, 2023, the USPTO aims to endorse consistency, clarity, and openness in its decision-making…
For many seasoned professionals in this industry, a meritless trademark infringement claim is akin to a dreaded physician’s visit – unavoidable, yet surprisingly draining. Indeed, corporations globally understand the financial and labor-intensive toll that comes with defending even the most groundless trademark allegations. In an insightful piece by Katten Muchin Rosenman LLP on Kattison Avenue,…
On November 15, 2023, a significant directive emerged from the United States Patent and Trademark Office (USPTO). Director Kathi Vidal designated a final written decision made by the Patent Trial and Appeal Board (PTAB) in the case of Penumbra, Inc. v. RapidPulse, Inc. as precedential. The ruling, initially given in March 2023, outlined a crucial…
The owner of several “Baby Shark” trademarks has secured a notable victory, with a default judgement against multiple Chinese companies. The latter group has been legally barred from either selling or producing any products that echo the marks, particularly after a federal judge declared them in default. A significant sum was involved in this legal…
On Wednesday, November 15, the United States Patent and Trademark Office (USPTO) announced the implementation of a new design patent practitioner bar. While the existing patent bar has certain acceptable education criteria focused on engineering and other technical degrees for an individual to qualify to practice before the USPTO in utility, design, and plant patent…
The United States Patent and Trademark Office (USPTO) is introducing significant modifications for practitioners of utility, design, and plant patent matters. The changes are set to alter the necessities that professionals need to meet to show their legal, scientific, and technical qualifications, as required by the USPTO to provide a valuable service to clients. This…
In response to the increasing number of applications for computer-generated electronic images, the US Patent and Trademark Office (USPTO) is soon to release supplemental guidance for examining design patent claims in this area. This information, unveiled in a recent JDSupra article, explains that the new guidelines will assist in determining whether certain design patent claims…
In a pivotal move, the United States Patent and Trademark Office (USPTO) has finalized plans to forge a specific bar for design patent practitioners. This is an evolution that will radically expand the range of professionals who are cleared to practice before the USPTO. The agency made this development public via an official rule in…
When business rights or personal interests are infringed upon, a powerful tool often utilized in the legal field is the cease-and-desist letter, also referred to as a demand letter. A comprehensive view on the grounds of these letters was provided by professional lawyers at Dunlap Bennett & Ludwig PLLC. A cease-and-desist letter serves multiple functions;…
As the adoption of generative artificial intelligence (AI) accelerates, it offers remarkable opportunities and challenges for trademark and brand owners. Utilising AI’s potential, businesses can redefine the branding process by generating unique, brandable company and product names, logos, and slogans. However, such advancement is also introducing new challenges for protecting a brand’s identity. Generative AI…
In a notable event for U.S. patent law, United States Patent and Trademark Office (USPTO) Director Vidal recently utilized the Revised Interim Director Review Process to command a Delegated Rehearing Panel to reassess a choice denying the initiation of an inter partes review (IPR). This marked the first occasion where such a process has been…
Canadian legal professionals, especially those focusing on intellectual property rights, should be aware of forthcoming changes to trademark fees expected to come into effect in 2024. As per the notice issued by the Canadian government, these fees are set to increase by 20 to 35%. In specific terms, the government fee for filing a Canadian…
Historically, the ability to practice patent law has predominantly required a background in the hard sciences or engineering. However, this longstanding prerequisite is undergoing a significant transformation. The U.S. Patent and Trademark Office (USPTO) has recently announced the imminent introduction of a new bar exam specifically formulated for practitioners in the field of design patents….
Trademarks play an integral role in business, serving as primary identification tools that engender loyalty and trust in corporate brands. As valuable corporate assets, trademarks are often the nucleus of various disputes, particularly concerning naming rights. This situation is exacerbated by the ongoing explosion of e-commerce and yearly formation of millions of companies globally and…
The television landscape was recently thrown into a legal whirlwind as a reputable tax service company, JTH Tax LLC, launched a lawsuit against AMC Networks Inc. and Sony Pictures Television Inc. This development comes after an episode of the popular TV show ‘Better Call Saul’ which, according to JTH Tax LLC, infringed upon their trademark,…
In today’s complex business landscape, the importance of understanding intellectual property (IP) rights is paramount. One of the critical elements of IP is trademarks. This article, part of the Intellectual Property Primer Series, provides an introduction to the fundamental characteristics of a trademark and its role within a corporate framework. As defined by Levenfeld Pearlstein,…
In a move to expand the field of legal practitioners within design-focused areas of intellectual property law, the US Patent and Trademark Office (USPTO) has announced its plan to implement a new design patent bar. This new bar will modify the admission criteria for attorneys looking to practice in certain administrative proceedings at the agency….
In a recent development, the U.S. Patent and Trademark Office (USPTO) revealed that it has initiated a separate bar specifically for practitioners of design patents. This significant distinction implies that individuals who focus on the realm of ornamental designs are no longer obligated to meet the typically stern engineering and scientific dictates that their standard…