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Trademark & Copyrights Insights

Supreme Court Says State of North Carolina is No Copyright Pirate in Blackbeard Ruling

“The Supreme Court’s unanimous decision in favor of state sovereignty may be a bit surprising, given the skepticism expressed by several justices toward North Carolina’s case during oral arguments in the October 2019 Term…. But ultimately, in its March 23 decision, the justices looked in part to the Court’s previous decision in Florida Prepaid to …

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Federal Circuit Will Not Reconsider Arthrex Appointment Clause Ruling

“Instead of a limited review of weak patents that Director Kappos assured me would amount to no more than 500 cases a year, the AIA has created a tsunami of new cases…. The current judicial squabble over Arthrex and its implications may at least have the virtue of prompting Congressional review on the impact of …

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Navigating Court and USPTO Practices During the COVID-19 Crisis: Tips for Practitioners and Litigants

“Many courts across the country are encouraging hearings and arguments through video or teleconference. As the situation is dynamic and subject to change at any time, parties should be prepared to argue their cases remotely, no matter which court their case is before.” In the past week, the COVID-19 pandemic has led courts across the …

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Welcoming the Republic of Moldova to the Madrid e-Filing Community

March 23, 2020 The Republic of Moldova becomes the first Southeast European country to offer the Madrid e-Filing service to trademark users. On March 23, 2020, the State Agency on Intellectual Property of Moldova (AGEPI) is giving access to Madrid e-Filing service to trademark applicants via its website. Brand owners will have the possibility to …

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Stopping Cyber-Fakes: A Guide to the SHOP SAFE Act 2020

“The ‘safe harbor’ incentives [of the SHOP SAFE Act] only apply to goods that could implicate the health or safety of the consumer. The bill defines such goods as those whose use could lead to illness, disease, injury, adverse event, allergic reaction, or death. So, the unfortunate purchasers of a perfectly safe, but nevertheless fake, …

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‘Now We Know’ – Lessons in Preserving Constitutional Error Before the USPTO

Constitutional arguments should ordinarily be preserved before the agency; otherwise those constitutional arguments might be summarily deemed forfeited on appeal. The appellate court might consider the constitutional arguments without proper preservation, but don’t bet on it. It has been about a year since my first essay appeared on IPWatchdog.com. My topic dealt with preserving constitutional …

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District Court Finds Katy Perry’s ‘Dark Horse’ Not Substantially Similar to ‘Joyful Noise’ Ostinato

“The musical elements of the ostinato in ‘Joyful Noise’ were not ‘numerous enough and arranged in a sufficiently original manner to warrant copyright protection.’ Further, the signature elements of ‘Joyful Noise’ did not make up a ‘particularly unique or rare combination, even in its deployment as an ostinato.’” The U.S. District Court for the Central …

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In Memoriam: The Honorable Gerald J. Mossinghoff

It is with great sadness that I inform the intellectual property law community of the passing of the Honorable Gerald J. Mossinghoff on March 20, 2020.  He was 84 years old.  I knew Gerry for more than 37 years, first as a Patent Examining Group Director when he was the Commissioner of Patents and Trademarks …

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Other Barks & Bites for Friday, March 20: USPTO Closes to Public, Levandowski Pleads Guilty, Israel Approves Generic Coronavirus Treatment

Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. This week in Other Barks & Bites: the USPTO closes to the public amid the coronavirus pandemic while waiving various patent and trademark applicant requirements during “extraordinary situation;” former Google engineer Anthony Levandowski pleads guilty to trade secret …

Other Barks & Bites for Friday, March 20: USPTO Closes to Public, Levandowski Pleads Guilty, Israel Approves Generic Coronavirus Treatment Read More »

German Decision Puts Unified Patent Court Agreement in Jeopardy

“The likelihood is that this represents the end of the Unified Patent Court project, or at least a lengthy delay. The existing system whereby European patents are enforced separately in each member state will continue for the foreseeable future.” Judges in Germany have dealt what may be a fatal blow to the project to create …

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