Posts
- Copyright, Trademark or Patent: Which Is Right for Me?
- What is an infringing trademark?
- Develop Your Patent Strategy Before Investing in a Patent
- Summary Judgment of No Cybersquatting in VisitQatar.com Domain Name Lawsuit
- Qatar Airways Improperly Joined Lawsuit as Third Party Asserting New “Counterclaims”
- HOW DO I PURSUE OR DEFEND AN APPEAL?
- Pre-existing Relationships Do Not Toll Mechanic’s Lien Deadlines
- What is the statute of limitation for breach of contract in Colorado? (Three years, except when it’s six.)
- The Backboard and the Basket for Personal Jurisdiction
- Don’t Count on Your Employer’s Non-Compete Agreement to Be Dead-on-Arrival
- DMCA Requires Scienter for CMI Violations
- Telling Likelihood of Confusion in a Tale of Two Circuits
- Without “Reasonable Certainty,” a Patent Claim Is Indefinite
- What makes a strong trademark?
- What types of works are protected by copyright?
- “So” Entitled Under the CFAA
- Copyright Infringement But For De Minimis Doctrine
- Provisional Applications Are Not “Place Holders”
- O Say, Artesano, Is “Artisan” Generic or Merely Descriptive for Bread?
- Rule 68 Offer of Judgment Could Cut Off Post-Offer Attorneys’ Fees to a Prevailing Plaintiff
- Bot, Once More into the Pleading Breach
- Use Present Tense for Present Automatic Assignment of Patent Rights
- Related Companies, Different Business Functions, Wherefor No Venue
- Can’t Can CANNA in Colorado
- Breach of Contract—Now What?
- Recovering Attorneys’ Fees in Intellectual Property Cases
- Beware of Private Trademark Registers
- Court Denies Amendment to Accuse Additional Cannabis Containers of Patent Infringement
- Lanham Act’s Extraterritorial Scope According to the Tenth Circuit
- No Coextensive Nexus for Gravity-Fed Soup-Can Dispenser
- Consistency Between Infringement and Validity Positions Is Not Foolish
- Innocent Infringement based on industry standards for website developers
- General Warning Not to Infringe is No Substitute for Patent Marking
- Subjective Belief That Law Will Change Tomorrow Doesn’t Create Bona Fide Intent Today
- CAFC Finds TTAB Constitutional
- See You Later, “Southern Smocked” Alligator
- Arbitration, Except During Inter Partes Review
- Stay for Specific Discovery Only
- Personal Jurisdiction Requires More Than Fortuitous Contacts
- No Mulligan When Requesting Trademark Abandonment
- Trade Name, Trademark, What’s the Difference?
- Mail Fraud for Fake Trademark Renewal Notices
- TTAB finds DRYPZ the phonetic equivalent of DRIPS
- Proving a Weak Mark Convincingly
- Geographically Descriptive Parma
- Cliffs Notes Version of Flora-Bama
- Have You Considered Ford Lately?
- Colorado’s Fundamental Policy of Voiding Noncompetes
- Incontestable Fraud on Trademark Office?
- Stumped Anticipation for Design Patents
- Discretion to Award Attorneys’ Fees for Inequitable Conduct
- Fictitious places are not geographically misdescriptive
- Relying on Licensee for SnoreMD
- Affixing a Label to a Tag for a Stick-On Specimen
- A Crowded Field of MATCH-ing Third-Party Registrations
- “Spectacles” as an “Old-Fashioned” Generic Term
- Stock Designs for Others Do Not Function as Trademarks, No Matter How Much More Beer You Drink
- Trademark Infringement Against Unauthorized Resellers
- Services Need to be Made More For Others
- Arbitrability, Who Decides?
- USPTO Order to Show Cause Against Trademark Filing Entities
- Trademark Modernization Act implementation by USPTO
- No Stay of Discovery in Jot
- The Square Peg of a Multi-Language Mark
- “FAST” Double-Entendre
- Related Goods for a Man’s Brand
- Letter of Protest, What Is It Good For?
- Institutionally False Association
- Preparation Is Not Use in Commerce
- The Limit of Sky’s Natural Zone of Expansion
- Reverse Confusion—When the Big Mirage Infringes the Little Mirage
- Marshall Fire spared Thomas P. Howard LLC
- Actual Details to Prove Actual Confusion
- Has Someone Taken Your Business Trade Secret or Confidential Information?
- When to Contact a Construction Litigation Lawyer
- POTIFY Dilutifies SPOTIFY
- POSITA Qualified Expert
- Tenth Circuit Upholds Preliminary Injunction for Trial Lawyers College Trademark
- Contracting Out of an IPR
- Copyright Office Says No to AI as an Author
- Consent Not Needed for TRUMP TOO SMALL
- Don’t Go Breaking Unitary Marks
- Trademarks Need to be More Than Merely Informational or Laudatory
- How Much “PROOF” of Third-Party Use?
- How to “Wrap” Contract Formation Online
- Relative Terms Can Have Reasonable Certainty
- Appealing Partial Summary Judgment Under Rule 54(b)
- Consumer Perception of the Color Auburn for Faucets
- Deposing Opposing Counsel
- No Disclaimer for Unitary MONKIE KID
- Negative Claim Construction May Not Be Enough If There Is No Uniform Meaning for What Is Being Excluded
- Consulting Agreements and Patent Rights
- Distinguishing CLOVER with “Made in Texas”
- Federal Pro Bono Programs in Colorado
- “Will and Kate” No False Association
- IT’S ABOUT THE FABRICS, Not the Finished Clothing
- CUTSA Preemption in Colorado
- Oh, Mickey, No Joint Author
- Paperless Trademark Certificates
- Entrapment as Copyright Misuse, Plausible or Frivolous?
- Continued, If Limited, Use Avoids Abandonment
- “Case” Burned to a Crisp
- “Suggested By” Top Guns’ Copyright Termination Notice
- “Local” Not Factual Claim for False Advertising
- Pop-Up Infringement
- “Mullet” Maybe Not Generic for Bicycles
- Parma Still Geographically Descriptive for Coffee
- Charitable Fundraising Confusion
- A “Certified” Tagline
- “Applied” in a “Wherein” Clause
- CUTSA Preemption in Colorado Redux
- Contempt for Unbroken Links
- Breaking Up Infringing Band “For Now” Does Not Excuse Laches
- A Warranty Card Is Not Commercial Advertising
- Silence Is Not Disclosure
- Difference Between Goods and Services Selling Those Goods
- No Solutions for Hi-Lo Descriptiveness Refusal
- Communication Protocols for Fireworks Are Not Copyrightable
- Vendors Lists Are Not Technical Data
- Elephant in the App
- Protective Orders and Joint Defense Agreements
- SUPER Alternative Request for SALT on Supplemental Register
- Dueling ‘P’-Shaped Logos
- Battery Monitors Not Related to Fault Diagnosis Field
- Puffery in the Second Circuit
- Monster Discovery Sanction Excluding Actual Damages
- Unofficial Seals Are Insignia Too
- Sanctioned for Manipulation of Documents at Deposition
- Change in Circumstance Can Avoid Claim Preclusion at TTAB
- Formulaic Declarations are Less Persuasive
- Avoid Hubris and Disregard of Procedural Rules
- Not So Smart Descriptiveness
- OLD SCHOOL Intent to License Not Enough
- Duty of Loyalty After Interim Contract But Before Final Contract
- No CMI Violation Without Intent to Infringe
- Gardening Not Related to Construction Consultancy Services
- Ephemeral Fair Use
- BUILT BY GOD: Religiously Significant and Commonly Used
- “Immoral or Scandalous” Mark Refused Under the “Widely-Used Commonplace Word” Doctrine
- Online Patient Reviews and California Anti-SLAPP
- No Marketing Overlap, No Infringement of ALIIGN Mark
- Toying with Statute of Limitations for Copyright Ownership
- PURPLE RAIN Energy Drink Opposition
- Following the Corpus of § 101 Jurisprudence
- BILL OF RIGHTS Mark Not Merely Informational
- Cleaner for Concrete Related to Laundry Pretreatment
- Use of Comic Book Character as Analogous to Trademark Use
- Duplicative-Litigation Doctrine Against the Same
- Mixed-Use DOCK BLOCKS Genericness
- “Action” of “Withholding” Claims in Patent Prosecution
- Where the Place Meets the Spot
- Testimony About Signage Contradicted by Google Street View
- Nunc Pro Tunc Assignment to Bridge Priority
- Trade Dress and Copyright for Functional Software Tool
- The 13th DuPont Factor
- Unregistered Trade Dress Not So Wonderful
- No Remote Working Mandamus Yet
- Conceptual Weakness of MOXIE
- ARMANI May Be Famous, But AX Is Not
- Defensive GOO of Incontestability
- Cheeky Genericness
- Generic Responsive Ads
- New Shortened Statutory Period for Trademark Office Actions
- Collecting Info vs Using Info
- Civil Theft through Unauthorized Use of Funds
- Ankle Implants and Bone Pins
- Quantum Meruit & Unjust Enrichment
- Substitute Service of Corporation in Colorado
- No Time for Daylight Saving Time?
- First Amendment Limits “UFO” Trademark Against UFO Series
- Fake Vogue Cover Likely to be Trademark Infringement
- Process Serving Foreign Entities Via the USPTO
- Reading the Letter “V” as an Inverted “A”
- Foolishly Inserting Another’s Trademark as Dynamic Keyword
- Double Entendre Without Reference to Other Indicia
- First Amendment Protects the Floribama Shore
- Reply-All with Implied Consent
- Money of Account IOU Doesn’t Satisfy Money Judgment
- No Consent for Interloping DANA DESIGN Mark
- Enough to Distinguish More Than One CUSHION COMFORT
- LLC “At Home” In Its State of Organization
- The Color Pink Can Be Functional
- The Likelihood of Confusing SMALL With BIG
- Lotions and Soaps Are Related to Bath Linens and Towels
- GUJI Is Geographically Descriptive of Ethiopian Coffee
- CELLULAR NERD, Not to be Confused with Superman
- Goldfish Crackers with “0g Sugars” Not Plausibly Healthy
- Geographically Descriptive Nickname for California is CALI
- Floor Plans of Mice and Men: Standard Elements and Original Arrangements
- Fourth Circuit Joins the ACPA Re-Registration Parade
- Any Whisky in “Natural Whisky & Other Flavors”?
- Copyright for Photo Taken by Someone Else Using Your Camera
- Rebinding a Book Does Not Create a Derivative Work
- Lizzo’s Mark Not 100% That Predominately Ornamental
- PTAB Pro Hac Vice
- Broad Identification of Goods Encompasses the Narrower
- Cannot Avoid Statute of Limitations Without Diligence
- Statute of Limitations for Compulsory Counterclaims
- Stored Communications Act and Leaving Gmail Open at Work
- RAMEN HOOD and the Common Law
- Exceptional Case Less Severe Sanction Than Rule 11
- Broadly Preserving the Status Quo
- Alleging Patent Infringement in Good Faith
- Abstract Idea Needs More Than Generic Functional Language
- Trademark Examination Guide 1-23 Regarding Section 2(c)
- O Collective! My Collective!
- Consumer Review Fairness Act Prohibits Anti-Review Clauses
- Gruyère Is No ROQUEFORT
- Social Media Evidence Needs Authentication
- Commercially Weak and Highly Suggestive PATCHMAN
- Happy π Day
- Categorical Improvement Not Required for Obviousness
- Common Sense Claim Construction
- Deceptive ROSE PETALS
- Commonplace HAVE A GREAT DAY Message
- Purpose of CMI to Provide Notice of Copyright
- Generic LYTE UP CLOTHING
- Supreme Court Arguments About Lanham Act Extraterritorial Scope
- Insufficient Service of Process During the Time for Service
- Burden of IPR Estoppel as Affirmative Defense
- Trademark Tacking Requires Substantial Identity
- False Facts Denoted as Actual Facts Are Not Copyrightable
- HIP and HIPE Are Not Phonetic Equivalents
- What Ever Happened to PEOPLE BEFORE POLITICS?
- Goods/Place Association for Geographic Descriptiveness
- SPARK Dominates LIVING for Real Estate Services
- The Anticipation and the Obviousness of Overlapping Ranges
- Discovery Rule for Copyright Statute of Limitations in 5th Circuit
- CA$H BASH Dilution Needs More Than Niche Fame
- BEAUTY POPS Not to be Confused with POPBEAUTY
- Enabling an Inherent Upper Limit
- ULTRA SUN Offer for Sale Not Enough for Use in Commerce
- Correcting Owner Details to Avoid Being Void Ab Initio
- Intangible or Virtual Goods Are Still Goods Under Lanham Act
- GAMEGUARDIAN Not to be Confused with GUARDIAN GAMES
- Specimen Showing Shower Setting, Not Shower Head
- RAO’S Wine (Not Sold in Restaurants) Not Related to RAO’S Restaurant
- Recent Growth of Brewpubs as Evidence of “Something More”
- BAKKED Essential Oil Dispenser as Drug Paraphernalia
- Copying and Pasting Prior Art
- No Confusion Between ELEVATE and ELEVATIONS for Credit Unions
- Server Test Lives on in Utah
- Aesthetic Functionality in the Sixth Circuit
- Software Licensing Services and Education-related Goods
- Enablement in the Bargain
- Assessing the Specific Challenged Use of Appropriation Art
- Not Everything in the World of Insurance is Related
- Clothing and Table Linen Are Not Related Goods
- Appreciable Actual Confusion Is More Than Isolated Instances
- The Non-Functional Parts of a Rocking Chair
- Guitar-Shaped Hotel Is Inherently Distinctive
- Hilton Palacio del Rio Hotel Design Kinda Basic
- When Using Parody as a Source-Identifying Mark
- Section 230 Immunity for Publishing Scam Ads
- Abstraction-Filtration-Comparison of Banana-on-Wall
- Citation Is No Substitute for Argument in an IPR
- Test Buying Personal Jurisdiction
- Shipment Contracts and Personal Jurisdiction
- Independent Economic Value of Each Trade Secret in Database
- BOYS WORLD Serves as Trademark for “Girl Group”
- Copyrights and Trade Dress Are Not Mutually Exclusive
- Conceptual Strength of Composite Marks with Common Segments
- What Collaboration for Joint Inventors
- How Much Can Three Examples Enable?
- Presuming False Advertising Injury in Two-Player Market
- Where the Claimed Infringing Use in Commerce is Domestic
- Claim Preclusion for Direct and Induced Infringement
- Origination and Association for Geographic Descriptiveness
- Motivation to Combine to Arrive at Actual Claim Limitation
- One Dollar Relief from Judgment
- Unjust Enrichment and an Express Contract
- No Reissue Beyond the Original Patent for Float’N’Grill
- Poll-Based Networking Invention Not Patent-Eligible
- Highly Suggestive Marks for Sports-Related Goods
- Embedding Instagram Posts Under Server Test
- Included Elements of the Original in Later Derivative Work
- Protecting Trade Secrets Requires Confidentiality
- No Preliminary Injunction for Patented Bicycle Forks
- A Loch Too Far for MONSTER
- Enablement and Written Description of Unclaimed Variants
- In-Store Sound Specimen for DURACELL Batteries
- Slide Presentation Mere Advertisement for Obtaining Orders
- Knows or Has Reason to Know from Willful Blindness
- No Prejudgment Interest for Statutory Damages
- Prejudgment Interest for Actual Loss
- 100-Mile Limit on Trial Subpoena Applies to Remote Testimony
- WHALEHEAD Not Primarily Geographically Descriptive
- Weak HUB Leads to No Confusion
- Prolonged & Indefinite Seizure by Customs Beyond Mere Delay
- Plausibly Misleading FACE Sunscreen
- No No to Sur-Sur-Rebuttals at TTAB
- Identify the Product Configuration to be Protected
- No New Prior Art in Reply to New Claim Construction in IPR
- Elaboration of Prior Argument on Reply in IPR
- Naked Licensing Leads to Trademark Abandonment
- Translation Not a Separate Work
- At Once Envisaging Anticipation
- Combining Known Modulation with Known Wireless Technology
- Supplemental Register’s More Limited Scope of Protection
- Notice for Willful Trademark Infringement
- Each Class Is Treated Separately in Multi-Class Application
- Nexus of Product Copying for Nonobviousness
- Patent Term Adjustment for Obviousness-Type Double Patenting
- Taking the Copyright Deposit Requirement and Shoving It
- Relationship Between Aftermarket Goods and Structural Parts
- Failure to Launch Fictional Character as Trademark
- Claims Not Limited to the Two Networks in Specification
- Any Way You Slice It, Functionally No Trademark
- AUTHENTIC Jersey Plausibly Deceptive
- Deceptive OFFICIAL Jekyll Island Website
- No “Magic Words” for Field of Endeavor for Analogous Art
- Typos and Claim Construction
- Fair Use Distribution of Industry Standards
- Preliminary Injunction Not EMPOWERed
- Using The Law To Protect Your Trade Secrets
- Tying Prior Art to Claimed Article of Design Patent
- NAPANAC, Not NAPA VALLEY
- Considering Chinese Law When Responding to US Discovery
- Calling to Mind Hunting from an Elevated Position
- A NEW KIND OF SODA’s Failure to Function as a Trademark
- Issuance of the One-Millionth Design Patent
- No Trade Secrets in Emails Talking About Patents
- If It Sounds Like a Surname . . .
- Successful Dismissal of Extraterritorial Trademark Lawsuit
- Surveys and Consumer Reviews That Domain Name Not Generic
- When Fees Are Part of Costs for Rule 68 Offer of Judgment
- Automatically Terminated License Terminated Standing
- Patent Venue Transfer from W.D. Tex. to N.D. Cal.
- Informal Measures Inadequate to Safeguard Trade Secret
- Sisval Twofer
- Accusation of Infringing Patent Known to be Invalid Could be False Advertising
- No Preliminary Injunction for Floating Core Bat Patentee
- SELF Mark Conceptually Weak and Not That Famous
- When the Signed Contract Cannot be Located
- Unverified Interrogatory Response Is Not Competent Evidence
- Plural-Allowing Meaning in Claim Construction
- DTSA Seizures Are Not Effectively Injunctive for Appeal
- Oral Deposition of Foreign Witness for Trademark Opposition
- Repair of Product Doesn’t Maintain Trademark for Product
- Rounding Up Extrinsic Evidence for Claim Construction
- Unitary METAL HEADS
- THE EDUCATION LAWYERS Is Not Generic
- Stripes, Florals, and Polka Dots Are Thin Copyrights
- Handling Contractual Disputes Effectively
- Reexamination and Expungement Doesn’t Preclude Cancellation
- Follow the Widely Used Commonplace Expression
