Posts in IP News


In the Era of Spotify and Pandora Where Do ASCAP and BMI Fit?

In traditional music recording, artists have had to choose to license their music through major music industry organizations like ASCAP and BMI. In the age of streaming …
By Derek Handova
9 months ago 2

Learning from common patent application mistakes by inventors

The goal in a patent application is to provide a full, clear, and exact description of the invention in a way that particularly points out and distinctly …
By Gene Quinn
9 months ago 0

The PTAB: Number One Enemy of Inventors

When we apply for a patent, we are sharing our secret, our discovery, with the world. In exchange for sharing our secret we are promised 20 years of …
By Josh Malone
9 months ago 45

Breadth through Specificity: Supporting Alternative Embodiments with Multiple Examples in Patent Applications

Two recent cases, The Medicines Co. v. Mylan, Inc and Skedco, Inc. v. Strategic Operations, Inc., illustrate that the patentee’s specification is key to determining whether …
By Matthew Kinnier & Emily Dubuc
9 months ago 3

The Ninth Circuit Writes the Script on Pleading and Proving Reverse Confusion Claims

The Ninth Circuit clarified the requirements for pleading and establishing a trademark infringement claim under a reverse confusion theory in Marketquest Group v. BIC, Case No. 15-55755 (9…
By Angel Chiang & Eric Ball
9 months ago 0

Ninth Circuit Confirms Willfulness is Required to Award Profits in Trademark Cases

As Stone Creek deepens the divide among circuits, the issue of whether willfulness is required for disgorgement of a defendant’s profits in trademark cases is ripe …
By Shannon Turner & Eric Ball
9 months ago 0

JPO Decides WHITNEY HOUSTON Trademark is Descriptive When Used on Music Recordings

At an initial examination proceeding, JPO examiner refused the trademark with respect to all goods in class 9 on the grounds that consumers can easily perceive or conceive …
By Masaki Mikami
9 months ago 0

The Growing Problem of Online Counterfeit Products

Many states have statutes that make counterfeiting a state crime, but often only if the trademark is registered in that state. According to Lo Cicero, state registrations …
By Amanda G. Ciccatelli
9 months ago 1

Thoughts From the Amtrak: Leaps of Faith and the U.S. Patent System

All too often I’m reminded that today’s American patent system is more droit du USPTO than it is the system for the innovative masses as …
By Steve Brachmann
9 months ago 17

Neighboring booths at IDEA World 2017 locked in trademark infringement case over fitness equipment

At this year’s IDEA World, TRX’s booth is very close to Aktiv Solutions, a distributor of fitness equipment. The two are only separated by one …
By Steve Brachmann
9 months ago 3

How to Get More Business When Patent Litigation Filings are Down

Lawyers often wonder how to enhance their marketability and in the process, generate more revenue or improve their image.   After all, success at a firm is about “…
By Bernard Knight
9 months ago 22

Wrigley sues Chicago area e-cig firm over Doublemint, Juicy Fruit liquid vapor products

Chicago-based chewing gum company Wm. Wrigley Jr. Company filed a trademark infringement suit against e-cigarette seller Chi-Town Vapers LLC of Bensenville, IL. The suit targets Chi-Town for …
By Steve Brachmann
9 months ago 1

Obviousness-Type Double Patenting Considerations

Obviousness-type double patenting (“ODP”) is a judicially created doctrine aimed at preventing patent owners from extending patent protection beyond the statutorily afforded term. Prior to the Uruguay …
By Aaron Reinhardt
9 months ago 1

Charlotte IP Attorney Flynt Strean Joins Womble Carlyle

Attorney Flynt Strean, a veteran intellectual property attorney, has joined Womble Carlyle as a Partner in its Charlotte office. Flynt’s IP practice includes, IP portfolio management; …
By Press Releases
9 months ago 0

House IP Subcommittee holds yet another one-sided hearing on bad patents and patent trolls

House IP subcommittee chair Rep. Darrell Issa (R-CA) led off the hearing by discussing the large number of interests who are often on Capitol Hill to discuss …
By Steve Brachmann
9 months ago 29