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Court Upholds Gatorade's "Sports Fuel" Slogan As Fair Use

John Gilberston \ August 12, 2019

In a unanimous ruling, the Seventh Circuit held last week that the slogan “Gatorade the Sports Fuel Company” should be considered fair use, and does not constitute trademark infringement.  The ruling dealt a blow to SportFuel, Inc., a dietary supplements company which sells..

Judge Tells Katy Perry To Get Off Her High Horse

John Gilberston \ August 07, 2019

In what is already shaping up to be a contentious appeal, a jury in California ordered Katy Perry and several co-writers of her hit song “Dark Horse” to pay $2.8 million in damages to members of a Christian rap group, on the grounds that the 2013 chart-topper infringed the..

Congress Takes Another Step Toward Copyright Small Claims Court

John Gilberston \ August 05, 2019

A bill in Congress that would create a special tribunal for small copyright disputes has cleared a key procedural hurdle on its way to enactment.  The Copyright Alternative in Small-claims Enforcement Act, or “CASE” Act, made it out of the Senate Judiciary Committee last week..

The Importance of Patent Examiner Interviews

Josh Conley \ August 02, 2019

What is a USPTO examiner interview?A USPTO examiner interview is a useful tool during patent prosecution to clarify positions, resolve issues and provide a better understanding of the patent application. When done correctly, it can expedite patent prosecution and reduce..

Marvel Pulls Off Escape From Iron Man Suit

John Gilberston \ July 31, 2019

After three years of litigation, Marvel is finally off the hook in a copyright suit involving the Iron Man franchise. 

Can I Add An Inventor To My Patent?

John Gilberston \ July 29, 2019

Occasionally we get questions about whether a patent owner may add an inventor to their patent who did not actually contribute to the invention.

Candy Maker Seeks to Vaporize “Stoney Patch” Gummies

John Gilberston \ July 26, 2019

In a case that’s certain to harsh some mellows, Mondelez Canada Inc. (“MCI”), maker of Sour Patch Kids, has filed a trademark-infringement suit in California against the maker of “Stoney Patch” gummies, a cannabis-infused version of the popular sweet-and-sour candy.  

Can I Trademark A Scent?

John Gilberston \ July 24, 2019

The answer, as with most legal questions, is: it depends.  There is no rule that smells, as a category, cannot serve as a trademark.  

Taylor Swift’s New Cat Gets Trademark Protection

John Gilberston \ July 22, 2019

T-Swift’s newest kitty, Benjamin Button, is on his way to trademark protection. 

USPTO to Require American Attorneys for Foreign Trademark Applicants

John Gilberston \ July 19, 2019

Beginning August 3rd, foreign entities who want to file a U.S. trademark application will need a U.S.-licensed attorney to do it.  The USPTO decided to implement this policy in response to a surge in applications from unrepresented foreign applicants, particularly those in..