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LeBron James Opposes King James Trademark Application

John Gilberston \ August 26, 2019

Imagine you’re out and about, and you see a person wearing a t-shirt emblazoned with the words “King James”–– who or what comes to mind?  King James I? The King James Bible? How about LeBron James? 

Utility Patent vs. Design Patent: Does It Matter?

Josh Conley \ August 23, 2019

Depending upon your invention, your situation, and your objective, the type of patent you choose to pursue can be an important decision. Each type of patent application has different strengths and weaknesses that can make a difference in maximizing the value of your..

Ohio State Goes Full Ohio State And Seeks Trademark On The Word "The"

Josh Conley \ August 21, 2019

In one of the most Ohio State moves ever, the University has applied for trademark protection on the word “THE”.  Ohio State filed for registration last week and indicates that the trademark will be used on clothing including T-shirts, baseball caps, and hats.

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.