Join Josh Escovedo and Jessica Corpuz in this one-hour webinar about Intellectual Property Law and will specifically address The Consolidated Appropriations Act of 2021.
Program Summary:
The Consolidated Appropriations Act of 2021—arising from the December 2020 stimulus bill—made significant changes to intellectual property law, unbeknownst to many practitioners. This webinar will focus on the changes
Is it possible to legally protect an idea? The answer is: not really.
Intellectual property is intangible personal property. There are four types of intellectual property that are protected by law: patents, copyrights, trademarks, and trade secrets. A separate set of laws governs each one. Although ideas may be intangible personal property, ideas do not
In The Sherwin-Williams Company v. PPG Industries, Inc., 2-17-cv-01023 (WDPA 2021-01-21, Order), the court had to decide whether Plaintiff The Sherwin-Williams Co. (“Sherwin”) should be bound by its prior admission to the United States Patent and Trademark Office (“USPTO”) during vacated reexamination proceedings.
During one of the reexamination proceedings, Sherwin admitted that certain prior art (“Perez”) disclosed a BPA-free coating, although it contended that its patents were valid for other reasons. Subsequently, the entire reexamination proceeding was terminated without any action on the merits.
Continue Reading District Court Finds Patentee’s Prior Statement Regarding Prior Art A Binding Admission
The Supreme Court recently denied petitions for certiorari in two of the most highly watched intellectual property cases before the Court. Those cases were Jack Daniel’s Properties Inc. v. VIP Products LLC and The Moodsters Company v. Walt Disney Company. Both cases were on petition from the Ninth Circuit and are summarized below for your convenience.
I. Jack Daniel’s Properties, Inc. v. VIP Products LLC
In Jack Daniel’s Properties, Jack Daniel’s sued the maker of a dog toy, known as the Bad Spaniels Silly Squeaker, that was comedically modeled after the Jack Daniel’s Old. No. 7 bottle. The toy was a clear parody, but Jack Daniel’s alleged that the toy infringed its intellectual-property rights. VIP Products argued that their use wasn’t infringement because the toy was an expressive work entitled to First Amendment protection under Rogers v. Grimaldi. The district court rejected the argument and found VIP Products had infringed Jack Daniel’s trademark/trade dress.
Continue Reading Supreme Court Update: SCOTUS Denies Review of Two Highly Watched IP Cases
Weintraub attorneys Josh Escovedo and Scott Hervey are speakers for the IP Year in Review Webinar co-hosted by The Sacramento County Bar Association (SCBA) Intellectual Property Law Section and the Intellectual Property Student Association of McGeorge School of Law. Josh will be addressing the 2020 developments in trademark law, and Scott will be addressing the
