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SCOTUS Finds Copyright Owners Must Wait to File Suit

Josh Conley \ March 04, 2019

Today, the Supreme Court (SCOTUS) resolved a split between federal circuits on whether a copyright owner must wait until their copyright registers to file suit or if suit can be filed immediately once the application for registration is filed.  The answer, a lawsuit cannot be..

Does Booker T Have Call of Duty on the Ropes?

Josh Conley \ February 15, 2019

Don’t expect a cage match any time soon, but Activision Blizzard Inc. is in hot water with pro wrestler Booker T. Booker T filed suit on Tuesday in federal court alleging that Activision’s “Call of Duty: Black Ops 4” “BLOPs” copied his persona, G.I. Bro.

Netflix in Trouble Again, This Time Over Bandersnatch

Josh Conley \ February 12, 2019

Netflix has been sued by Chooseco LLC over the use of Chooseco’s trademark “Choose Your Own Adventure” in the movie Bandersnatch.  

The movie is an extension of Netflix’s popular series Black Mirror that allows viewers to choose how the movie progresses, which leads to a..

New Division and Merger Regulations Make Protecting Trademarks Internationally Easier

Josh Conley \ February 08, 2019

The international treaty that allows international registration, the Madrid Protocol, continues to become more and more user friendly.  Back in August of 2018, I wrote about Canada’s upcoming accession to the Madrid Protocol, which will make securing a Canadian trademark more..

Securing IP Rights In Cannabis Branding Without A Trademark, What?

Josh Conley \ February 06, 2019

Cannabis continues to grow as states become more and more accepting of its use for medical and recreational use.  The problem is that the Federal government is a bit behind the times and it has implications on the IP portfolio of growers, distributors, and dispensaries.  

Smells Like Copyright Infringement

John Gilberston \ January 31, 2019

It has often been said that every fashion trend comes back into style, eventually.  The cycle not only seems to be alive and well, but also fertile grounds for litigation.  Just last week, Nirvana filed suit against clothing designer Marc Jacobs in California federal court,..

Patent Office Facing Closure Soon, Other Offices Keeping Doors Open Longer

Josh Conley \ January 25, 2019

The USPTO has now indicated that the Patent Office will need to stop operations coming the second week of February.  Although this information is a bit vague, indications from Examiner’s I have spoken with point to February 4th, which is the first day of a new bi-week.

New Ruling: Private Sales of Your Invention Can Prevent Securing Patent Protection

Josh Conley \ January 22, 2019

 

The U.S. Supreme Court addressed a question that has been up in the air since the America Invents Act went into effect.  In a unanimous decision, the Court held that the scope of the on-sale bar has not changed in scope. The full opinion can be viewed here.

How Is the Prolonged Shutdown Impacting Your IP?

Josh Conley \ January 21, 2019

We are drudging into week 5 of the unprecedented government shutdown. The shutdown caused a variety of issues across the country, including national park closures and TSA crippling under the financial constraints placed on employees. But what does the shutdown mean for your..

New Patent Office Guidelines May Stifle Alice's Reign Of Terror On What Can Be Patented

Josh Conley \ January 14, 2019

There is a ray, eh, a glimmer of hope that change is coming to how the Patent Office decides what is and is not eligible for receiving a patent.  On January 7, the 2019 Revised Patent Subject Matter Eligibility Guidance became effective. The guidance intends to improve..