To satisfy the definiteness requirement of Section 112(b), the claims of a patent must particularly point out and distinctly claim the subject matter of the invention. 35 U.S.C. § 112(b) (a patent’s “specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint […]
The Ninth Circuit recently revisited the contract formation question of when a website’s terms and conditions are binding on an online user who interacts with that website in Berman v. Freedom Financial Network, LLC, No. 20-16900 (9th Cir. Apr. 5, 2022). Whether a website user legally assents to a website’s terms and conditions typically fall […]
When a trademark application is refused under Section 2(d) because of possible likelihood of confusion with another trademark registration for a similar mark for the same goods or services, one argument often made is that the cited registration is entitled to a narrow scope of protection because it exists in a crowded field. This commercial […]
To be registerable as a trademark, a slogan needs to be more than merely informational in nature, or to be more than common laudatory phrases or commonly expressed concepts or sentiments that would ordinarily be used in business or in the particular trade or industry. In re Texas With Love, LLC, 2020 USPQ2d 11290, at […]