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John Gilberston

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USPTO Installs Blazing-Fast Tech Platform

John Gilberston \ June 28, 2019

Over Memorial Day weekend, the USPTO made some serious upgrades to its server platform.  

From the High Seas to the High Court

John Gilberston \ June 26, 2019

Shiver me timbers!  The Supreme Court has agreed to hear a copyright dispute arising, quite literally, from the depths of Davey Jones’ Locker.  

Hemp Trademark Opening Up - But Beware the Rules!

John Gilberston \ June 24, 2019

Trademark opportunities for hemp companies are opening up.  Based on a clarification from the United States Patent and Trademark Office (USPTO), hemp businesses are able to apply for trademark registration as long as their business falls outside the Food and Drug..

Drug Patents Come Under Fire in New House Bill

John Gilberston \ June 20, 2019

A new bill in Congress is proposing to alter the way drug patents are administered.  The Terminating the Extension of Rights Misappropriated (TERM) Act, H.R. 3199, would require that any patents on a drug which were issued after the drug’s first patent would be presumed..

Tasty Tacos Bringing The Hot Sauce To Spicy IP Dispute

John Gilberston \ June 17, 2019

The humble taco.  Simple, satisfying, and recently implicated in a federal lawsuit.  

Friday The 13th Writer Puts Fear in Movie Producers

John Gilberston \ June 13, 2019

In a ruling that is spooking film producers, Victor Miller, the screenwriter behind the 1980 horror classic “Friday the 13th,” successfully convinced a federal judge in Connecticut that he was an independent contractor at the time he wrote the screenplay, and may be able to..

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.