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John Gilberston

Recent Posts

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 China...

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.  

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 invalid..

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.