The first US Patent Act was passed in 1790, yet in 2017 the Supreme Court is still issuing foundation-altering decisions. Recently two separate cases altered long standing legal principles. First, in SCA Hygiene Products Aktiebolag et al. v. First Quality Baby Products, LLC, et al., the Court ruled that laches may no longer be used … Continued
Apparently now you can. Since time immemorial – or at least for a couple hundred years – the fashion industry has wished, hoped, lobbied, and otherwise prayed for copyright protection for articles of clothing. A recent Supreme Court ruling in Star Athletica, LLC v. Varsity Brands, Inc., may have tilted the matter in favor of … Continued
Maybe Not. In May, 2015, Apple was awarded $399 million dollars in a judgment against Samsung for infringement of three design patents. The amount of the award was 100% of the profits Samsung obtained through its sales of the infringing smartphones. The design patents generally covered the shape of the original iPhone and its user … Continued
Maybe you started with state registration of your trademark. Then, when you started doing business in other states, you got a U.S. registration. That was smart, because your U.S. registration grants you exclusive rights across the entire United States, protecting your exclusive right to your brand as you grow across the country. Then, when you … Continued
Yes, in this age of YouTube and Instagram, trademarks don’t have to be static words, designs, or objects. Trademarks can move. They can be a series of images in something like a slideshow presentation or a video clip. They can be the moving image that introduces a software program. or announces the producer of a … Continued
