Posts filtered by tags: Uspto[x]


 

United States: TTABlog Test: Is "ARKIVE" Merely Descriptive Of Document And Data Storage Services? - Wolf, Greenfield & Sacks, P.C.

The USPTO refused registration of the mark ARKIVE for document and data services, finding the mark to be merely descriptive under Section 2(e)(1).
Tags: News, United States, Uspto, Wolf Greenfield


Peter v. NantKwest: Attorney Fees for Challenging PTO Decisions

Peter v. NantKwest, Inc., No. 18-801 (Supreme Court 2019) I believe there are many situations where it makes sense to award reasonable costs and attorney fees to the prevailing party.  It goes further to ensure that the injured party is ‘made whole’ and it also discourages folks to push forward with weak arguments. That said, I don’t like 35 U.S.C. 145. That provision awards the USPTO “all the expenses of the proceedings” regardless of whether the agency wins or loses.  The provision works to di...
Tags: Supreme Court, Law, Uspto, Francisco, Patent, Peter, PTO, Federal Circuit, United States Patent and Trademark Office, NantKwest, Iancu, NantKwest Inc, Noel Francisco, Irell, NantKwest However, Laura Peter


United States: TTABlog Test: Is ACTTRA Confusable With ACTARA For Agricultural Insecticides? - Wolf, Greenfield & Sacks, P.C.

The USPTO refused registration of the mark ACTTRA, finding it likely to cause confusion with the registered mark ACTARA
Tags: News, United States, Uspto, Wolf Greenfield, ACTTRA


Debunking Trademark Fact vs. Fiction

#smallbusinessweek Trademark 101 By Mara Trumbour Most entrepreneurs know that trademarking is an important first step in starting a business–but how much do they really know about trademarks? To help protect the brand you’ve worked hard to establish, it’s important to understand the ins and outs of trademarks and trademark protection. I’ve broken down some of the most common trademark misconceptions every business owner should know. If I own the website domain name, I automatically own the tr...
Tags: Business, Startup, Uspto, Right Now, U S Patent and Trademark Office, Trademark Office USPTO, MR Gao Shutterstock, Mara Trumbour, Boston Massachusetts Mara, Bentley University Registered


United States: PTO Issues Guidance On Reissue And Reexam Of AIA-Challenged Claims - Jones Day

And slides from a recent USPTO presentation on the topic can be accessed here.
Tags: News, United States, Uspto, PTO


United States: PTAB Amendment Alternatives: Patent Reissue & Reexamination - Ropes & Gray LLP

Last Friday the USPTO published a notice in the Federal Register entitled: Notice Regarding Options for Amendments
Tags: News, United States, Uspto, Gray LLP


United States: Congress Poised To Align Courts With USPTO On 101 Reform - Ropes & Gray LLP

The USPTO released Revised Guidance on Patent Eligibility Under 35 U.S.C. § 101 back in January. The Guidelines simplified the case law by presenting a top-down approach to distill the morass
Tags: News, Congress, United States, Uspto, Gray LLP


TTI v. IBG: Federal Circuit clarifies meaning of “technical solution to a technical problem”

Trading Technologies International, Inc. v. IBG LLC, Interactive Brokers, LLC (Fed. Cir. April 19, 2019).  Panel: Moore (author), Mayer, and Linn  Download TTI v IBG (April 18, 2019) Trading Technologies International, Inc. v. IBG LLC, Interactive Brokers, LLC (Fed. Cir. April 30, 2019), Panel: Moore (author), Clevenger and Wallach.  Download TTI v. IBG (April 30, 2019) This is a long post since it covers two opinions addressing Covered Business Method (CBM) review for business method claims, pl...
Tags: Apple, Law, Uspto, Patent, Sap, Alice, Fed, Board, Moore, Reyna, Mayer, Federal Circuit, Wallach, CBM, Clevenger, Linn


United States: TTABlog Test: Is "The Beautiful Things" Confusable With "Cosabella" And "Bella Cosa" For Retail Store Services? - Wolf, Greenfield & Sacks, P.C.

The USPTO refused to register the mark THE BEAUTIFUL THINGS, in standard character form, for "operating on-line marketplaces featuring clothing and jewelry".
Tags: News, United States, Uspto, Wolf Greenfield


United States: Did The Federal Circuit Misdiagnose Julitis Claim 1? - Foley & Lardner

In a non-precedential decision a three-judge panel of the Federal Circuit made clear that it would not give deference to USPTO patent eligibility guidance that it finds inconsistent with Supreme Court
Tags: News, United States, Uspto, Foley, Federal Circuit, Lardner, Federal Circuit Misdiagnose Julitis Claim


Heiress "Instagram influencer" whose parents are accused of paying a $500K bribe to get her into USC has trademark application rejected for punctuation errors

Olivia Jade Giannulli is the millionaire heiress of actor Lori Laughlin and fashion designer Mossimo Giannulli, who are accused of paying a $500,000 bribe to the University of Southern California to secure her admission; Jade's university career was bound up with her other career as an "Instagram influencer," with sponsor deals for the decor in her dorm room and other collegiate trappings. Olivia Jade Giannulli has a line of cosmetics (formerly sold through Sephora, since discontinued in li...
Tags: Post, Copyfight, News, Uspto, US Patent And Trademark Office, Petard, Usc, Sephora, University Of Southern California, Jade, William Murphy, Schadenfreude, Mossimo Giannulli, Olivia Jade, Lori Laughlin, Olivia Jade Giannulli


United States: TTABlog Test: Is FUR FREE FUR Merely Descriptive Of Bags And Clothing? - Wolf, Greenfield & Sacks, P.C.

[This guest post was written by Amanda B. Slade, an associate in the Trademark Group at Wolf, Greenfield & Sacks, P.C.]. The USPTO issued a Section 2(e)(1)
Tags: News, United States, Uspto, Wolf Greenfield, Wolf Greenfield Sacks, Trademark Group, Amanda B Slade


Patently-O Bits and Bytes by Juvan Bonni

Recent Headlines in the IP World: Joe Nocera: Why Big Pharma Is Winning the Drug Price Wars (Source: Bloomberg) Ike Brannon: Intellectual Property Disputes Threaten To Spread To New Venue (Source: Forbes) Andy Blatchford: Big Pharma Might Cut Research, Delay New Drugs if Pharmacare Means More Generics: Memo (Source: National Post) Olivier Blanchard: Apple, Qualcomm Settle Royalty and Patent Dispute (Source: Futurum) Catalin Cimpanu: PayPal Receives Patent for Ransomware Detection Technology...
Tags: Law, Bloomberg, Paypal, Uspto, National Post, Joe Nocera, Kevin Bryan, Olivier Blanchard, Pharmacare, Ike Brannon, Bits and Bytes, Juvan Bonni, Daryl Lim, Forbes Andy Blatchford, Futurum Catalin Cimpanu, SSRN Prof W Nicholson


Federal Circuits decides that 100% is different than One Hundred Percent

by Dennis Crouch E.I. DuPont de Nemours & Co. v. Unifrax I LLC (Fed. Cir. 2019) In 2014, DuPont sued Unifrax for infringing its patented flame-barrier that is both lightweight and thin. U.S. Patent 8,607,926 (“Composite Flame Barrier Laminate for a Thermal and Acoustic Insulation Blanket”). The jury sided with DuPont — finding the asserted claims infringed and not proven invalid.  Over a dissent from Judge O’Malley, the Federal Circuit has affirmed — finding that substantial evidence supports th...
Tags: Law, Uspto, DuPont, AIA, Patent, O'Malley, Reyna, Federal Circuit, Dennis Crouch, Dupont De Nemours Co, Unifrax, Federal Circuits, Unifrax I LLC Fed, Cecil Quillin


United States: Supreme Court To Weigh Constitutionality Of Barring "Immoral" Or "Scandalous" Trademarks - Pryor Cashman LLP

In response, the USPTO argued that the Federal Circuit's ruling was incorrect and warranted Supreme Court review.
Tags: News, Supreme Court, United States, Uspto, Federal Circuit, Cashman LLP


Fooey on the Draft

Iancu v. Brunetti (Supreme Court 2019) [Oral Arg Transcript] In this case, the Federal Circuit held that the prohibition on registering “immoral” or “scandalous” marks is a facial violation of a registrant’s First Amendment free speech rights.  Here, Brunetti is seeking to register the mark “FUCT,” which the solicitor identified as a close homonym of “the paradigmatic word of profanity in our language.” Oral arguments were held on April 15 before the nine Supreme Court justices. In the case bef...
Tags: Supreme Court, Law, California, Uspto, Patent, Tam, Cohen, Coast Guard, Roberts, Ginsburg, Alito, PTO, Sotomayor, Breyer, Sommer, Kavanaugh


New USPTO Guidance May Clear Path for More Technology Patents

James J. DeCarlo Contributor James J. DeCarlo is a shareholder in Greenberg Traurig’s Intellectual Property Practice Group. A registered patent attorney, he is actively involved in virtually all aspects of intellectual property counseling. He has spent nearly 30 years litigating, licensing and procuring patents in the software, hardware, internet and networking spaces, among many others. Mr. DeCarlo can be reached at [email protected] Chinh H...
Tags: TC, Column, Lawsuit, Government, Tech, Policy, Patents, Uspto, Lawyers, Mayo, Pham, Examiner, United States Patent and Trademark Office USPTO, Alice Mayo, DeCarlo, Verified Experts


Patently-O Bits and Bytes by Juvan Bonni

Recent Headlines in the IP World: Dave Smith: Apple is Exploring an Updated Version of MagSafe, One of Its Best Charging Inventions Ever (Source: Bloomberg) Jim Payne: dynaCERT Patent Granted (Source: Associated Press) Frederic Lardinois: Microsoft Gives 500 Patents to Startups (Source: Tech Crunch) Vlad Savov: LG Patents a Transparent Foldable Phone (Source: The Verge) Source: USPTO Commentary and Journal Articles: Prof. Paul R. Gugliuzza: Rising Confusion About ‘Arising Under’ Juris...
Tags: Apple, Microsoft, Law, Uspto, Rooney, Associated Press, Lg, Christensen, Dave Smith, Klein, Frederic Lardinois, Vlad Savov, Bits and Bytes, Juvan Bonni, Klarquist Sparkman, Bloomberg Jim Payne


After A Grammar Fix, Olivia Jade Beauty Might Actually Happen

Update: Despite punctuation and grammatical errors, Olivia Jade 's attempt to trademark her own beauty brand has gone through. As papers filed by the U.S. Patent and Trademark Office show, the office has accepted the edits to both the "Olivia Jade " and "Olivia Jade Beauty " trademarks, which means that Jade is one step closer to launching a beauty brand of her own. But with her parents facing prison time, maybe she's got other things on her mind.This post was originally published on March 27,...
Tags: Fashion, Music, Uspto, Sephora, University Of Southern California, Jade, U S Patent and Trademark Office, United States Patent and Trademark Office, Lori Loughlin, Mossimo Giannulli, Olivia Jade, Olivia Jade Beauty Records, Olivia Jade Beauty


TM: Web Page Advertisements Do not (Necessarily) Constitute Use in Commerce

In re Siny Corp. (Fed. Cir. 2019) In January 2019, the Federal Circuit issued a non-precedential opinion in this trademark case.  Based upon a USPTO request, the court has now reissue the decision as precedential. See Fed. Cir. R. 32.1(e). As part of the trademark registration process, an applicant must submit a specimen of the mark as used in commerce.  Here, Siny is seeking to register the mark CASALANA for its knit wool fabric and submitted a printout from a webpage purporting to show the mar...
Tags: Law, Uspto, Patent, PTO, The Board, Federal Circuit, Ttab, Fed Cir R, Siny Corp Fed


After fumble with punctuation issues, Olivia Jade's beauty trademark application is salvaged

After denying Olivia Jade's initial trademark application due to "proper punctuation" issues, the USPTO has accepted her edited application.            [Author: USA TODAY]
Tags: Usa, News, Uspto, Usa Today


United States: TTABlog Test: Are These Two Male Torso-Shaped Perfume Bottles Confusingly Similar? - Wolf, Greenfield & Sacks, P.C.

The USPTO refused registration of the mark shown below left, comprising a bottle in the shape of a male torso, for "Perfumery, essential oils
Tags: News, United States, Uspto, Wolf Greenfield


Argument preview: Justices to consider constitutionality of banning trademark registration for immoral and scandalous marks

Trademark law is a consumer protection mechanism. It promotes fair competition by preventing consumer confusion and deception in the marketplace, and incentivizes producers to develop goodwill in their goods and services. Trademark rights begin with use of a mark in commerce, and registration with the U.S. Patent and Trademark Office is not necessary. However, significant rights accrue from registration, such as a presumptive right of validity, constructive nationwide rights, the potential for...
Tags: Featured, Supreme Court, Law, Uspto, Tam, U S Patent and Trademark Office, Anthony Kennedy, Federal Circuit, U S Court of Appeals for the Federal Circuit, Brunetti, Trademark Trial and Appeal Board, Ttab, Merits Cases, Iancu, Natas Kaupas, Matal


United States: TTABlog Test: Is ALACRAN Confusable With SCORPION For Mezcal? - Wolf, Greenfield & Sacks, P.C.

The USPTO refused to register the mark ALACRAN for "alcholic beverages except beers; distilled blue agave liquo
Tags: News, United States, Uspto, Wolf Greenfield


Apple is exploring an updated version of MagSafe, one of its best charging inventions ever (AAPL)

Apple might bring back a new-and-improved version of MagSafe, the magnetic power connector originally designed for Mac laptops. MagSafe cables would automatically detach when pulled, or tripped over, without damaging the computer or the connector itself. MagSafe is one of Apple's best inventions, but Apple started phasing it out over the last few years. On Friday, the US Patent and Trademark Office (USPTO) published a new patent application from Apple, which describes a smart charging system a...
Tags: Apple, Trends, Uspto, MacBook Air, Magsafe, Watch Google, US Patent and Trademark Office USPTO, MagSafe Apple


United States: TTABlog Test: Is "A MOTHER'S TOUCH MOVERS" Confusable With "A WOMAN'S TOUCH MOVING" For Moving Services? - Wolf, Greenfield & Sacks, P.C.

The USPTO refused to register the mark A MOTHER'S TOUCH MOVERS for "transportation of household goods for others" [MOVERS disclaimed],
Tags: News, United States, Uspto, Wolf Greenfield


United States: TTABlog Test: Is TEMPUS For Beer Confusable With TEMPUS TWO For Wines? - Wolf, Greenfield & Sacks, P.C.

The USPTO refused registration of the mark TEMPUS in the stylized form below, for "beer," finding a likelihood of confusion with the registered mark TEMPUS TWO for "wines."
Tags: News, United States, Uspto, Tempus, Wolf Greenfield


Eligibility Train Wreck Continues its Skid: Skidmore Deference for the PTO on Eligibility

by Dennis Crouch A key point of argument and policy over the past decades has been the level of authority given to the USPTO as the government’s expert patent law agency.  When the USPTO makes a decision — is that decision respected by other tribunals?  At times the agency is given substantial deference (factual conclusions made by the PTAB), but other agency decisions are also regularly reviewed de novo without deference.  With regard to interpretation of substantive patent law, PTO determinat...
Tags: Law, Uspto, Patent, Cleveland Clinic, Moore, PTO, U S Patent and Trademark Office, Federal Circuit, Chakrabarty, Dennis Crouch, Fed Cir, PTAB, Diehr, Skidmore, Swift Co, Dir Iancu


United States: TTABlog Test: Is BIKESTYLE Merely Descriptive Of Cycling Apparel? - Wolf, Greenfield & Sacks, P.C.

The USPTO refused registration of the mark BIKESTYLE, in standard character form, for cycling apparel including gloves, arm and leg warmers, pants, cycling shorts, cycling jerseys, shirts, rainwear, and hats,
Tags: News, United States, Uspto, Wolf Greenfield, BIKESTYLE


Power of Negative Limitations

IBM v. Iancu (Fed. Cir. 2019) (non-precedential) In two separate IPR proceedings, the PTAB found several of IBM’s claims unpatentable as obvious. U.S. Patent No. 7,631,346 claims 1, 3, 12, 13, 15, and 18.  On appeal, the Federal Circuit has vacated / reversed those opinions. The patent here claims a  user-authentication method for a “single-sign-on . . . within a federated computing environment.”  The basic setup here is that user known to a “first system” wants access to resources on a “second ...
Tags: Law, Uspto, Ibm, Patent, Board, Federal Circuit, Petitioner, IPR, PTAB, Iancu Fed, Mellmer