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Fair Use Distribution of Industry Standards

Many private organizations develop and copyright technical standards for specific industries, and then generate revenue by selling copies. For example, the National Fire Protection Association (NFPA) develops standards addressing the prevention of fire, electrical, and related hazards. One such standard, NFPA 10, addresses the design, inspection, maintenance, and testing of portable fire extinguishers. The NFPA […]

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Typos and Claim Construction

In Apple Inc. v. Corephotonics Ltd., No. 22-1350, — F.4th — (Fed. Cir. Sept. 11, 2023), the Federal Circuit held that a typo in an expert report should not be case dispositive, especially where no party meaningfully raised the typo as relevant. The single typographical error made by Dr. Sasián, on the other hand, was […]

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No “Magic Words” for Field of Endeavor for Analogous Art

For determining the obviousness of a claimed invention, qualified prior art is that which a person of ordinary skill in the art would look to if it is “analogous to the claimed invention.” In re Bigio, 381 F.3d 1320, 1325 (Fed. Cir. 2004); Airbus S.A.S. v. Firepass Corp., 941 F.3d 1374, 1379 (Fed. Cir. 2019) […]

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Deceptive OFFICIAL Jekyll Island Website 

A deceptive trademark cannot be registered on either the Principal or Supplemental registers. 15 U.S.C. § 1052(a); 15 U.S.C. § 1091. Whether a trademark is deceptive is based on the identification of goods and/or services. See In re ALP of S. Beach Inc., 79 USPQ2d 1009, 1019 (TTAB 2006) (“Registrability of a mark is always […]

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AUTHENTIC Jersey Plausibly Deceptive

Adidas is the “official manufacturer of the jerseys worn on the ice by NHL players.” At least some of the NHL jerseys Adidas manufactures and sells are identified as “authentic.” The Northern District of New York has denied a motion to dismiss a class action under sections 349 and 350 of the New York General […]

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