Craft Beer Trademarks: Innovative, Inspiring and…Infringing?

If you’re thirsty and of legal drinking age, you are likely within a stone’s throw of being able to enjoy the cadre of remedial tonics offered at a craft brewery. There are now over six thousand breweries in the United States, a new record, with over 80 percent of American adults living within 10 miles …

Monetize Your Meme: “Grumpy Cat” Wins Copyright and Trademark Verdict

For those unfamiliar, Grumpy Cat is a “viral meme” of a “stern-looking house cat named Tardar Sauce.”1 A former Time Warner cable technician first posted the photo of his sister’s “Grumpy Cat” on Reddit in September 2012.2 At least four copyright registrations and a trademark registration related to Grumpy Cat have been registered in the …

Bleeker Gives Insight on Valuation in Lundgren/Microsoft Copyright Case

Intellectual property partner, Warren Bleeker, was recently quoted in the San Fernando Valley Business Journal on the valuation associated in a copyright case involving the violation of Microsoft Corp.’s intellectual property rights. The case consisted of a felony-level counterfeiting scheme that saw the creation of 28,000 copies of “Dell restore CDs” – software that replaces …

Does the Experimental Use Exception in Patent Law Have a Future?

The experimental use exception, part of U.S. patent law for nearly two centuries, is becoming obsolete. Recent court decisions and changes under the America Invents Act (AIA)1 have raised doubts about the continued viability of the doctrine. Additionally, other legal provisions that offer protections similar to those of the experimental use doctrine and reduce the need …

Patent Marking – An Ounce of Prevention

When one party is found to have infringed the patent rights of another, the often-difficult task of calculating economic damages begins. As one step in this process, the time period during which damages have accrued must be determined. When damages begin to accrue is considered primarily in light of when the infringing party was made …

Supreme Court Case Could Have Huge Impact on Challenging Patents

Supreme Court of the United States On November 27, 2017, the U.S. Supreme Court heard oral argument in Oil States Energy Services LLC v. Greene’s Energy Group, LLC, a case examining the constitutionality of inter partes review proceedings before the United States Patent and Trademark Office (“PTO”). Specifically, the case addresses the question “[w]hether inter …

A Decision Guide for Filing International Patent Applications for Multiple Inventions

Companies have two choices for meeting the PCT patent application filing requirements when they have multiple pending provisional applications. We go through the pros and cons for each approach. A company engaged in research and development will often create multiple related inventions within a year, and file a separate provisional application for each invention within …

DMCA Amendment Affecting Designated Agent Requires Registration by December 31, 2017

The Digital Millennium Copyright Act (“DMCA”), among other things, provides a safe harbor from copyright infringement liability for online service providers and website owners that allow third parties to post content onto or through their websites or other online platforms. In order to qualify for safe harbor eligibility, a company must register an agent with …