On May 2, 2019, the Trademark Office issued a new exam guide on marks for cannabis and cannabis-related goods and services. The Patent and Trademark Office (“USPTO”) refuses to register marks for goods and/or services that show a clear violation of federal law. A determination of … [Read more...] about New trademark guidelines issued from the USPTO regarding Cannabis and CBD
Printed Matter, Building Websites and Patents Need Functional Relationships
The Court of Appeals for the Federal Circuit, which handles patent appeals from the USPTO, has held that a database of digital art, applets and script is not “printed matter” because the patentee did not claim the communicative content and further confirmed that, to impact … [Read more...] about Printed Matter, Building Websites and Patents Need Functional Relationships
A Single PTAB Panel May Institute IPR and Make Final Decision
In Ethicon Endo-Surgery, Inc. v. Covidien LP, 2014-1771 (Fed. Cir. 2016)(Available Here), the Federal Circuit held that neither the statute nor the Constitution precludes the same Patent Trial and Appeal Board (“PTAB” or “Board panel”) that makes a decision to institute an inter … [Read more...] about A Single PTAB Panel May Institute IPR and Make Final Decision
Articles Copied Without Authorization In Patent Applications Is Copyright Fair Use
A Magistrate Judge for the District Court of Minnesota recommended that the District Court grant a defendant’s motion for summary judgment, finding that the defendant was entitled to fair use protection under the Copyright Act for using portions of scientific articles in patent … [Read more...] about Articles Copied Without Authorization In Patent Applications Is Copyright Fair Use
Voluntary Surrender Of Federal Trademark Registration Cannot Be Withdrawn Absent An Extraordinary Situation
The Trademark Trial and Appeal Board (“TTAB”) in the U.S. Patent and Trademark Office (“USPTO”) held that a voluntary surrender of a federal trademark registration cannot be withdrawn absent an extraordinary situation. Christiane E, LLC v. International Expeditions, Inc., … [Read more...] about Voluntary Surrender Of Federal Trademark Registration Cannot Be Withdrawn Absent An Extraordinary Situation