The United States Patent and Trademark Office (the “USPTO”) explains that “A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate… Continue Reading
Tag Archives: Intellectual Property
Goodbye Majestic Yosemite Hotel, Welcome Back Ahwahnee Hotel
Posted in Intellectual Property Litigation, IPA few years ago, when the concessionaire for Yosemite National Park (the “Park”), Delaware North, was informed that the Park planned to consider other concessionaires, such as Aramark, Delaware North responded in shocking fashion. Delaware North responded that if it was going to be replaced as the concessionaire, it intended to take the Park’s intellectual… Continue Reading
Web Domains and The Forgotten Tort of Trespass to Chattels
Posted in Intellectual Property Litigation, IP, Web/TechCalifornia case law over the last few years is replete with instances where a new and/or small business has one of their employees take responsibility for various IT activities such as setting up the company website and/or email domains. Disputes arise when that employee leaves for other employment and refuses to give the former employer… Continue Reading
When is an Invention Obvious?
Posted in IP, Patent LawTo be patentable, an invention must satisfy two key requirements, as determined by the U.S. Patent and Trademark Office (PTO). First, the invention must be novel. This means that the same invention cannot have been disclosed in a single prior art reference. The prior art is all of the publicly available information that existed before… Continue Reading
Potential Copyright Owners Beware: Make Sure Your Copyright Registrations Are Accurate!
Posted in Copyright Law, IPNormally, a copyright registration certificate constitutes “prima facie evidence of the validity of a copyright and of the facts stated in the certificate.” 17 U.S.C. §410(c). But what happens if that certificate contains knowingly inaccurate information? The purported copyright owner could face not only invalidation of the copyright, but the inability to pursue copyright infringement… Continue Reading
Although the Battle of King’s Landing is Over and the Game of Thrones has Ended, the War to Protect HBO’s Intellectual Property Rages on
Posted in IP, Trademark LawIf your heart is beating and your lungs are taking in oxygen, you know that Game of Thrones recently reached its epic conclusion. It’s sad, but true. After eight glorious seasons, the most watched television series in history has ended. Even as I put the words to paper, or rather, this Word document, it doesn’t… Continue Reading
Do You Know Where The Photos For Your Website Come From?
Posted in Intellectual Property Litigation, IPMany businesses rely on their websites to promote their company and drum up business. Having a “professional” looking web page is considered a must and companies spend a lot of money in creating and maintaining their web presence. However, a recent case out of the Ninth Circuit Court of Appeals demonstrates that care must be… Continue Reading
Federal Circuit Narrows Reach of Obviousness-Type Double Patenting
Posted in IP, Patent LawNon-statutory, or obviousness-type, double patenting (“ODP”) is a judicially created doctrine that prohibits an inventor from effectively extending the monopoly on a patented invention by applying for a later patent with claims that are not “patentably distinct” from the claims in the earlier patent. The core principle behind the doctrine is that “an inventor must… Continue Reading
Royalties, Preemption and Attorney’s Fees
Posted in Copyright Law, IPThe Ninth Circuit recently was called upon to decide awarding attorney’s fees in a case where artists were suing for unpaid royalties under the California Resale Royalties Act (“CRRA”). In the case, Close v. Sotheby’s, Inc. (decided December 3, 2018), the Ninth Circuit ordered that the Plaintiff-artists be required to pay attorney’s fees to the… Continue Reading
How To Protect Your Clients’ IP
Posted in IP Law Blog Lawyers In The NewsA business’s intellectual property may be its most valuable asset. Whether it is biotechnology, trade names, business methods, or computer software, intellectual property should be protected to the greatest extent possible in order to maximize the value of the business. This article summarizes the types of intellectual property protection that are available What Is Intellectual… Continue Reading
Googling Google
Posted in Copyright Law, Cyberspace Law, Trademark Law, Web/Tech“I googled it …” has become ubiquitous in every day conversation. Many of us refer to “googling” as the act of searching the internet regardless of whether we use the Google search engine to do so. But has our everyday use of the verb “googling” rendered the Google trademark unprotectable? “Nope,” said the Ninth Circuit… Continue Reading
U.S. Supreme Court Limits Laches Defense in Patent Cases
Posted in Patent LawIn SCA Hygiene Products AB et al. v. First Quality Baby Products LLC et al., the United States Supreme Court held that laches cannot be invoked as a defense against a claim for patent infringement damages brought within U.S.C §286’s 6-year limitations period. The U.S. Court of Appeals for the Federal Circuit had previously held… Continue Reading
Is Marilyn Monroe Too Generic to Be Registered as a Trademark?
Posted in Trademark LawI’ve written on numerous occasions in the past about celebrities who registered their own names as trademarks with the United States Patent and Trademark Office. Just the other week, I wrote about how UFC superstar Conor McGregor had filed an application to register his name as a trademark, and in that same article, I mentioned… Continue Reading
Northern District of California Revises Local Patent Rules
Posted in Copyright Law, Legal Info, Patent LawOn January 17, 2017, the United States District Court for the Northern District of California issued revisions to its Local Patent Rules requiring early disclosure of damages-related discovery and contentions. The revised rules are effective immediately in all patent cases pending in the Northern District. Local Patent Rules are rules that apply to all civil… Continue Reading
Federal Circuit Requires Standing to Appeal PTAB’s Final Decisions
Posted in Copyright Law, Patent Law, Trademark LawAlthough arguably foreshadowed, some may be surprised to learn that a party with the right to challenge the validity of a patent at the United States Patent and Trademark Office (“USPTO”) may not have the right to appeal an unfavorable decision. In Phigenix v. ImmunoGen, the Federal Circuit clarified that while there is no standing… Continue Reading
From Rogue One to Forces of Destiny: A Star Wars Intellectual Property Story
Posted in Copyright Law, Cyberspace Law, Entertainment Law, Trademark LawWith last weekend’s release of Rogue One: A Star Wars Story, Star Wars is once again living and thriving. Rogue One opened with a most impressive $155 million opening in North America, and $290 million worldwide, making it the 12th largest opening in United States History. Now, this isn’t really related to intellectual property, but… Continue Reading
Federal Circuit Takes A Common Law Approach to “Abstract Idea” Determinations in Alice Cases
Posted in Copyright Law, Entertainment Law, Legal Info, Patent Law, Trademark Law, Web/TechBy: Eric Caligiuri In Amdocs (Israel) Ltd. v. Openet Telecom Inc. et al., the U.S. Court of Appeals for the Federal Circuit recently upheld four software patents against a patent-eligibility challenge, finding that the patents do not claim an “abstract idea.” The patent challenge was under the frame work set out by the U.S. Supreme… Continue Reading
Branding Buds – Still Illegal Under Federal Law
Posted in Patent Law, Trademark LawIf voters in California approve Proposition 64 which would legalize the possession and use of marijuana for recreational purposes, it is without question that the sunshine state will see a huge increase in the number of businesses within the cannabis industry. According to a November 7, 2016 Forbes article, the passage of Proposition 64 could… Continue Reading
Weintraub Tobin’s IP Law Blog recognized as “Top 100 Legal Blogs” By Feedspot Blog Reader
Posted in IP Law Blog Lawyers In The NewsWeintraub Tobin’s Labor & Employment and Intellectual Property Blogs have both been recognized as a “Top 100 Legal Blogs Every Lawyer and Law Student Must Follow” by Feedspot Blog Reader! Feedspot takes into consideration 1,000’s of Law blogs from across the United States and Canada and uses search and social metrics to rank them. Congratulations… Continue Reading
Locksmith Locked Out By Communications Decency Act
Posted in Cyberspace Law, Web/TechThe Communications Decency Act (“CDA”) provides broad immunity for “providers of interactive computer services.” In essence, if an internet service provider falls within certain parameters, it is entitled to immunity against certain claims of liability brought under state law. Last month, the Ninth Circuit again considered the breadth of such immunity in the case, Kimzey… Continue Reading
Federal Circuit Rules the Patent Trial and Appeal Board Can Consider New Evidence During AIA Review Trial
Posted in Copyright Law, Legal Info, Patent Law, Trademark LawOn September 26, 2016, the U.S. Court of Appeals for the Federal Circuit declined to review in a unanimous en banc decision a panel Federal Circuit decision affirming that the Patent Trial and Appeal Board (the “Board”) at the Patent and Trademark Office (“USPTO”) could hear new evidence during a trial, evidence that was not… Continue Reading
How BREXIT Will Affect Intellectual Property
Posted in Copyright Law, IP Law Blog Lawyers In The News, Legal Info, Patent Law, Trade SecretsAs everyone knows, in June, the United Kingdom passed the BREXIT referendum (driven by British voters), voting to exit the European Union. What affect does BREXIT have on intellectual property rights in the United Kingdom and the European Union? There is a two-year process of negotiation between the UK and the EU, provided for by… Continue Reading
Federal Circuit Holds the PTAB Must Apply Narrower Phillips Claim Construction Standard to Patents that Expire During Pendency of Re-exam
Posted in Patent LawBy: Eric Caligiuri In In re CSB-System Int’l, Inc., No. 15-1832 (Fed. Cir. Aug. 9, 2016), the Court of Appeals for the Federal Circuit recently held that patents that expire during a pending re-examination before the Patent Trial and Appeal Board (“PTAB”) should be examined under the Phillips standard of claim construction, and not the… Continue Reading
The Seattle Seahawks’ 12th Man Flies Again
Posted in Trademark LawIf you regularly follow our publication, you may remember when I discussed the Seattle Seahawks and their use of the Texas A&M trademark “12TH MAN” over a year ago. If not, that’s okay too. In short, I discussed how the Seattle Seahawks have been utilizing the Texas A&M trademark without permission and were facing legal… Continue Reading
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