By Lewis Roca Rothgerber Christie
What exactly is an “immoral” or “scandalous” trademark, and should the government be the arbiter of making such a determination? In the second landmark trademark decision in two years, the Supreme Court invalidated the Lanham Act’s prohibition on registering “immoral” or “scandalous” trademarks. Iancu v. Brunetti, 588 U.S. ___ (2019). The Court’s decision expands the …
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Intellectual Property attorney Drew Wilson details the difficulties of ongoing IP conflicts between major brands and somewhat underground edibles manufacturers. The article was originally published in the April edition of Los Angeles Lawyer Magazine. Read the full article by clicking here.
Trademark and IP litigation attorney Michael McCue shares his thoughts on the growth and importance of IP-related legal services in Nevada with Nevada Business Magazine. Read the full article by clicking here.
On November 9, 2018, in Arista Networks, Inc. v. Cisco Systems, Inc., the Federal Circuit held that assignor estoppel does not apply in inter partes review (IPR) proceedings. In this case, a former employee of Cisco Systems, Inc. (“Cisco”), who had assigned his invention as patented (U.S. Patent No. 7,340,597 – “the ‘597 patent”) to Cisco, …
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Pohl v. MH Sub I, LLC d/b/a Officite (N.D.Fla., June 20, 2018) U.S. District Judge Mark Walker of the Northern District of Florida determined that no reasonable jury could find that a plaintiff-dentist’s before-and-after photos of his patient’s teeth are sufficiently creative or original to warrant copyright protection. On summary judgment, the court acknowledged that …
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On May 25, 2018, the General Data Protection Regulation (GDPR) took full effect across the countries of the European Union, with unknown (and highly anticipated) effects on UDRP and related proceedings. In the days leading up to May 25, 2018, many trademark owners prepared and filed UDRP complaints for most, if not all, troublesome domain …
What is Blockchain? Blockchain technology, some might argue, is the most important technological innovation since the Internet. Those impacted by this technology are not only companies, but also everyday people. Thus, everyone should try to have a basic understanding of what blockchain is, and how one might benefit from it. The inventor of the blockchain …
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In the aftermath of the Oil States and SAS Supreme Court decisions, the PTO’s proposal to adopt the Phillips standard for claim construction brings a small measure of relief for universities and research institutions. The “broadest reasonable interpretation” claim construction standard currently used by the PTAB in deciding IPRs may open the instituted claims to challenge by a larger body of …
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