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Is Your Patent Safe From Government Agencies?

John Gilberston \ June 12, 2019

The Supreme Court held Monday that a federal agency may not challenge an issued patent.  The case, Return Mail, Inc. v. U.S. Postal Service, involved a patent on a method of processing undeliverable mail, which the U.S. Postal Service challenged as merely an abstract idea..

Kawhi Leonard Fighting for NBA Title And His IP

John Gilberston \ June 10, 2019

As if Kawhi Leonard didn’t already have his hands full with the Golden State Warriors, now he’s got Nike’s legal team to worry about.  

Judge Rules Pooey Puitton Suit Crap

John Gilberston \ June 10, 2019

A U.S. District Judge in California has concluded that simply being sued in France is not a sufficient controversy to get into U.S. federal court.  Such is the lesson for MGA Entertainment, which sought a declaratory judgment in California that its Pooey Puitton purse does..

4th Circuit Rejects “I didn’t mean to” as a Defense to Copyright Infringement

John Gilberston \ June 06, 2019


The Fourth Circuit recently overturned a decision which had let a Virginia film festival off the hook for using an unlicensed copyrighted photo to promote itself.

To Be Cubnoxious You Need More Than Subjective Intent

Tim Zarley \ May 28, 2019


On January 19, 2016, Ronald Mark Huber, filed an intent-to-use trademark application for the mark CUBNOXIOUS for use with “shints.”  The Chicago Cubs Baseball Club, LLC was not amused and filed an opposition with the Trademark Trial and Appeal Board

Grumpy Cat, Internet Sensation and Intellectual Property Visionary, Dead at 7

Josh Conley \ May 17, 2019

With the rain falling outside my office, it seems that the world has recognized the great loss everyone suffered today.  Grumpy Cat, whose real name is Tardar Sauce, has passed away. She passed away peacefully in the arms of her “mommy” as a result of complications resulting..

What's The Difference Between A Service Mark And A Trademark?

John Gilberston \ May 17, 2019

If you have ever looked into getting a trademark for your product or service, you may have encountered the term "service mark" in addition to the term "trademark." What's the difference?

San Diego Padres’ Shout Out to Mothers Leads to Losing Their Twitter Username

Josh Conley \ May 15, 2019

This past weekend children across the country sent flowers, cards, and presents to the most important woman in their lives for Mother’s Day.  The San Diego Padres tried showing appreciation to mothers as well, but it almost backfired in a big way.

*UPDATE* Phooey On Louis

John Gilberston \ May 13, 2019

Louis Vuitton says it has no problem with Pooey Puitton - in the U.S. anyway.

French fashion house Louis Vuitton Malletier SA (LV) has responded to a complaint filed against it by MGA Entertainment Inc., manufacturer of the “Pooey Puitton” purse.

Amazon Program Allows Quick, Cheap Resolution to Patent Disputes

Josh Conley \ May 10, 2019

Amazon has been trying out a new program that lets patent owners take action against alleged infringers using the retail giant.  The program seeks to provide a quick, low cost, and confidential approach to address patent infringement allegations.