By James Juo. In patent law, a patent is interpreted from the perspective of a hypothetical person of ordinary skill in the art, sometimes abbreviated as POSITA (and sometimes abbreviated as PHOSITA for a person having ordinary skill in the art). According to Professor Dennis Crouch, the abbreviation POSITA appears in 68% of PTAB cases […]
By James Juo. Famous trademarks are protected from dilution, regardless of the presence or absence of actual or likely confusion. 15 U.S.C. § 1125(c); see also Research in Motion Ltd. v. Defining Presence Mktg. Grp., Inc., 102 USPQ2d 1187, 1192 (TTAB 2012) (sustaining oppositions to applications for the mark CRACKBERRY because of a likelihood of […]
Whether you’re a contractor or property owner, there are a lot of things that can go wrong during construction projects. Property owners might refuse to pay; contractors might not perform to contractual standards; and projects may suffer lengthy delays. When should you hire a construction litigation attorney? Here’s a brief guide to working with construction […]
Many businesses have proprietary secrets that give them a competitive advantage, ranging from secret recipes, client lists and formulas to innovative know-how, algorithms and marketing strategies. Such a trade secret is a type of intellectual property protected by both federal and Colorado state law. The whole point of a trade secret is that it’s secret—so […]
By James Juo. “Evidence of actual confusion, where it exists, would of course be highly probative of a likelihood of confusion” with respect to a trademark. Brooklyn Brewery Corp. v. Brooklyn Brew Shop, LLC, 2020 USPQ2d 10914, at *19 (TTAB 2020), aff’d in relevant part, vacated in part, 17 F.4th 129 (Fed. Cir. 2021) (citing […]