Section 407 of the Copyright Act states that “the owner of copyright or of the exclusive right of publication in a work published in the United States shall deposit, within three months after the date of such publication . . . two complete copies of the best edition” of the work. 17 U.S.C. § 407(a)(1). […]
Obviousness-type double patenting (“ODP”) is a judicially-created doctrine that has its roots in 35 U.S.C. § 101, which states that an inventor may obtain “a patent” (i.e., a single patent) for an invention. In re Lonardo, 119 F.3d 960, 965 (Fed. Cir. 1997). ODP “is intended to prevent a patentee from obtaining a time-wise extension […]
Product copying can carry significant weight in the obviousness analysis. Objective evidence of nonobviousness for patentability includes: (1) commercial success, (2) copying, (3) industry praise, (4) skepticism, (5) long-felt but unsolved need, and (6) failure of others. See Transocean Offshore Deepwater Drilling, Inc. v. Maersk Drilling U.S., Inc., 699 F.3d 1340, 1349–56 (Fed. Cir. 2012). […]
Each class in a multi-class trademark application is, in effect, a separate application. Monster Energy Co. v. Tom & Martha LLC, 2021 USPQ2d 1197, at *11 n.15 (TTAB 2021) (“With multiple class applications, the Board treats each class as a single class application, and the claims and evidence are considered as they bear on each […]
Although willfulness is not a necessary condition for awarding an infringer’s profits under the Lanham Act for trademark infringement, it nonetheless “is a highly important consideration in determining whether an award of profits is appropriate.” Romag Fasteners, Inc. v. Fossil, Inc., 140 S. Ct. 1492, 1497 (2020). Sailboat Plaques Bearing Kirby’s Name In Kirby v. […]