“Copyright misuse is an equitable defense to copyright infringement which precludes the copyright holder’s enforcement of its copyright during the misuse period.” Vernor v. Autodesk, Inc., 621 F.3d 1102, 1115 (9th Cir. 2010); Practice Mgmt. Info. Corp. v. Am. Med. Ass’n, 121 F.3d 516, 520 n. 9 (9th Cir. 1997). It is analogous to the equitable […]
As of May 24, 2022. the U.S. Patent and Trademark Office (“USPTO”) will begin issuing electronic trademark registration certificates. The electronic registration certificates issued by the USPTO will be made under the electronic signature of the Director and with a digital seal, which will authenticate the registration. This is consistent with the practice in Canada, […]
Under the Copyright Act, a “‘joint work’ is a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole.” 17 U.S.C. § 101. An “author” is “the party who actually creates the work, that is, the person who translates an idea into […]
The lawyers at Thomas P. Howard LLC successfully moved to dismiss Colorado civil theft and conversion claims as preempted by the Colorado Uniform Trade Secrets Act (“CUTSA”) in CORE Consultants, Inc. v. Ferran, No. 2021CV31719, 2022 WL 1637926 (Colo. Dist. Ct. May 5, 2022). The Colorado civil theft statute (see C.R.S.§ 18-4-405) provides: All property […]
A specimen “must in some way evince that the mark is ‘associated’ with the goods and serves as an indicator of source.” In re Sones, 590 F.3d 1282 (Fed. Cir. 2009); In re Safariland Hunting Corp., 24 USPQ2d 1380, 1381 (TTAB 1992) (specimen must show “direct association” with goods). Trademarks are used in commerce when […]