Jun 6, 2019

Will the Supreme Court Abrogate Sovereign Immunity for a State’s Infringement of Intellectual Property Rights?

Sign stating public private with arrows

In 1990, Congress passed the Copyright Remedy Clarification Act (“CRCA”), and in 1992 passed the Trademark Remedy Clarification Act (“TRCA”) and the Patent and Plant Variety Protection Remedy Clarification Act (“PCA”), all of which provided that states, state instrumentalities, and state employees acting in their official capacity, are not immune under the Eleventh Amendment, or… Read more


May 30, 2019

Supreme Court Rules that Bankruptcy Does Not Revoke a Trademark License

Bankruptcy Court

On May 20, 2019, in deciding Mission Product Holdings, Inc. v. Tempnology, LLC, No. 17-1657, the U.S. Supreme Court settled a circuit split regarding an unresolved legal issue in trademark licensing, determining whether a licensee can continue to use a licensed mark once the licensor files for bankruptcy. Tempnology, LLC (“Tempnology”) manufactured clothing and accessories… Read more


May 2, 2019

Fourth Circuit Fixes Fair Use

FairUseIPBlog

On April 26, the Fourth Circuit Court of Appeals reversed a controversial ruling that caused significant concerns for visual artists. Brammer v. Violent Hues Productions, LLC, No. 18-1763 (4th Cir. Apr. 26, 2019). The lower court ruled that a festival promoter’s unlicensed use of a copyrighted photograph on its website in connection with advertising the… Read more


Apr 25, 2019

ICANN Updates: Access to Domain Name Registrant Data Post-Blackout

ICANN Definition

As stated previously, the implementation of the European Union (EU) General Data Protection Regulation (GDPR) has created significant issues for brand owners with regard to identifying counterfeiters and combatting infringement online, resulting in increasing enforcement costs. Under the GDPR, domain name registrars are prohibited from publishing the name and contact information for domain name registrants…. Read more



Apr 11, 2019

Federal Circuit Declines to Give Deference to the USPTO

USPTO - Patent Stamp

More patents directed to diagnostic methods were found to be invalid as directed to the ineligible subject matter in Cleveland Clinic Foundation v. True Health Diagnostics, LLC, Case No. 2018-1218 (Fed. Cir. April 1, 2018). The Court of Appeals for the Federal Circuit applied the “Alice two-step” test and found the claims in U.S. Patent… Read more


Apr 4, 2019

Avoid Truthful But Misleading Advertising

Street Advertising - Misleading Advertising

Avoid truthful but misleading advertising. Be careful what you say, especially about your competitors. As expected, competitors are sensitive to any negative allegations made about their products or services, since it may likely have an effect on the business’s sales and reputation. Some competitors may even file a lawsuit to enjoin the use of such… Read more


Mar 7, 2019

Using Inventorship Challenges to Facilitate the Resolution of Misappropriation of Trade Secrets Claims

Goodyear Tires & Inventorship Challenge

Coda Development S.R.O., v Goodyear Tire & Rubber Company (Fed. Cir. 2019), presents an interesting case: the use of an inventorship challenge to facilitate the resolution of an alleged misappropriation of trade secrets following unsuccessful negotiations. Coda sought inventorship correction in several patents filed by Goodyear involving self-inflating tire (“SIT”) technology, including US No. 8,042,586… Read more



Feb 20, 2019

Establishing Proper Venue in Patent Cases

Patent Cases: Is Computer Equipment Proper Venue?

Can Computer Equipment Serve as a “Regular and Established Place of Business” in Patent Cases? On February 5, 2019, the Federal Circuit denied rehearing en banc in In Re Google LLC, 2018-152 (Fed. Cir. Feb. 5, 2019), leaving unsettled the question of whether the presence of computer servers satisfies the “regular and established place of… Read more