by Stephen Kennedy | May 4, 2016 | Blog
The Fifth Circuit Court of Appeals has adopted the United States Supreme Court’s standard announced in Octane Fitness, LLC v. Icon Health and Fitness, Inc., 13 S. Ct. 1749 (2014). Octane was a patent case that determined when fee awards may be available under the...
by Stephen Kennedy | Apr 28, 2016 | Blog
The Washington Redskins have filed a petition for writ of certiorari, asking the Supreme Court to hear their trademark case along with a review of In re Tam. We’ve previously covered In re Tam and the Redskins trademark cases here on the blog. If you need a refresher...
by Stephen Kennedy | Apr 1, 2016 | Blog
Earlier this year, the Federal Circuit issued an opinion on claims construction that is of growing interest to IP litigators and patent prosecutors alike. According to the Federal Circuit, for a prosecution disclaimer to be found, the disavowing actions must be both...
by Stephen Kennedy | Mar 9, 2016 | Blog
After registration of a federal trademark, the mark owner must meet several important maintenance deadlines. Failure to comply with required post-registration trademark maintenance filings will result in cancellation of the trademark. On January 27, 2015, the USPTO...
by Stephen Kennedy | Jan 28, 2016 | Blog
Supap Kirtsaeng will be returning to the Supreme Court this year. Kirtsaeng won a landmark victory in 2013 when the high court held that the first sale doctrine applies to lawfully made copies of works made abroad. Mr. Kirtsaeng purchased foreign editions of textbooks...
by Stephen Kennedy | Jan 25, 2016 | Blog
A fanciful trademark is an invented word that serves no other purpose than to assist a consumer to identify and distinguish your goods or services. It may consist of a combination of letters and/or symbols. Examples of famous fanciful marks include EXXON, KODAK, and...
