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Phooey On Louis

John Gilberston \ January 07, 2019

Would you confuse a plastic, poop-shaped toy purse for a Louis Vuitton handbag? MGA Entertainment Inc., maker of the "Pooey Puitton" purse, doesn't think so. On New Year's Eve, MGA filed suit against luxury brand Louis Vuitton in federal court.

Patent Examiners – Friend or Foe?

Tim Zarley \ December 18, 2018

What is a Patent Examiner? The Patent Office employs many people who have different backgrounds, experience, and roles. Most prominent in the prosecution of a patent application are patent examiners.

Patent examiners are individuals who conduct an initial review of your patent

Do you need to police your trademark?

Tim Zarley \ December 11, 2018

Do you need to police your trademark? The simple answer is “Yes.”  

While being the first to use a trademark and/or the first to register a mark provides a priority right to prevent others from using the mark, this alone does not guarantee you trademark protection. As a..

New invention? Do you need to conduct a patentability search?

Tim Zarley \ December 01, 2018

You are not required to conduct a patentability search. Still, the value of a patentability search is that if there is a potential problem, you find out early on in the process before you’ve spent a lot of time and money pursuing a patent on an invention that is not..

Satanic Temple Works Things Out With Netflix and Warner Brothers

Josh Conley \ November 28, 2018

Earlier this month we posted about the Satanic Temple’s $150M lawsuit against Netflix and Warner Brothers over the Satanic Temple’s statue of Baphomet, a “deity of antiquity,” that is seen numerous times throughout the show “The Chilling Adventures of Sabrina.”  The parties..

Patent Owners Cannot Rely Upon Assignor Estoppel During IPRs

Josh Conley \ November 26, 2018

On November 9, 2018, the Federal Circuit decided Arista Networks Inc. v. Cisco Systems Inc., finding assignor estoppel is inapplicable when the validity of a patent is challenged during an Inter Partes Review (IPR).

Federal Government Urges Delay on Copyright Litigation

Josh Conley \ November 13, 2018

The solicitor general for the United States has urged the Supreme Court to resolve a split between circuits on when a copyright infringement case can be filed in federal court.  Copyright registration is a pre-requisite to filing a claim for copyright infringement. 


Josh Conley \ November 09, 2018

The United Federation of Churches, more commonly known as The Satanic Temple, filed suit against Netflix and Warner Brothers yesterday in the Southern District of New York.  

Scout Wars: Girl Scouts and Boy Scouts Set To Square Off In Court

Josh Conley \ November 08, 2018

If you thought the tactics used by Girl Scouts to push their delicious cookies are aggressive, don’t mess with their intellectual property.


Josh Conley \ November 01, 2018

Starting today, November 1, 2018, the USPTO will implement a targeted release of its Access to Relevant Prior Art Initiative.  The program intends to simplify and speed up patent application examination by automating the disclosure process between related applications.