Monthly Archives: July 2022

Elephant in the App

For a Section 2(d) refusal of a trademark application, the marks are compared “in their entireties as to appearance, sound, connotation and commercial impression.” In re E. I. du Pont de Nemours & Co., 476 F.2d 1357 (CCPA 1973) (“DuPont”); In re Detroit Athletic Co., 903 F.3d 1297 (Fed. Cir. 2018); Palm Bay Imps. Inc. […]

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Vendors Lists Are Not Technical Data

In Department of Defense (“DoD”) government contracts, the government may assert certain rights in technical data of the contractor. Technical Data Department of Defense Federal Acquisition Regulation Supplement (“DFARS”) 252.227-7013(a)(15) (2015) defines “technical data” in pertinent part as “recorded information, regardless of the form or method of the recording, of a scientific or technical nature […]

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Communication Protocols for Fireworks Are Not Copyrightable

“It is axiomatic that copyright does not protect ideas, but only expressions of ideas.” Whelan Assocs., Inc. v. Jaslow Dental Lab’y, Inc., 797 F.2d 1222, 1234 (3d Cir. 1986); see also Mazer v. Stein, 347 U.S. 201, 217 (1954). The line between uncopyrightable idea and copyrightable expression can be difficult to draw, especially for utilitarian works. If […]

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