On Monday, April 15th, 2019 the Supreme Court will hear oral arguments in Iancu v. Brunetti, which will likely address whether Section 2(a) of the Lanham Act’s prohibition on the federal registration of “immoral” or “scandalous” marks is facially invalid under the free speech clause of the First Amendment. Erik Brunetti, a streetwear icon, was barred by the USPTO for receiving a trademark registration because his clothing company FUCT was considered immoral or scandalous.
- The USPTO released a report on trends and characteristics of inventors that are women. The report shows that while there is some good news, there is still much to be done to increase diversity.
- Tuberculosis survivors are challenging a pharmaceutical company's patent-protected monopoly on TB treatment.
Hi everyone! This is a guest blog post from Sonia Lakhany (@trademarklawyerlady)! The above video is about a recent issue that is starting to affect many of our clients’ trademark registrations, so I thought I would supplement it with a post explaining what is going on. As you can see below, every USPTO trademark application that is filed has a Correspondence section that lists the name, mailing address, email address, and other contact information for the person who will be the official correspondent for the application.
A new study details the relationship between the government, specifically the USPTO, and the private sector. The study finds the movement of examiners from the USPTO to the private sector often correlates with the examiners' patent grant rates at those companies.
- Following the TC Heartland v. Kraft Foods decision, the number of patent lawsuits in East Texas has plummeted.
While some legal jobs are on the decline, there are 40 practice areas that did not exist 15 years ago, many of which impact intellectual property law.
The relationship between trademark law and cannabis is complicated. Cannabis is now legal for recreational or medicinal use in 28 states, but it is still classified as a Schedule I drug (read: illegal) under federal law. The US Patent and Trademark Office will not register a trademark for use in connection with goods and services that are illegal under federal law, so cannabis retailers cannot register federal trademarks for many of their goods and services.
The Zappa siblings are involved in an ongoing trademark battle, which Dweezil has outlined in a lengthy personal blog post.
Australian cannabis companies are dealing with IP difficulties similar to those of US cannabis companies. This post compares the jurisdictions and the options for seeking protection through Plant Breeder's Rights, patents, and The Open Cannabis Project.
If confirmed by the Senate, Andrei Iancu is set to be the next head of the USPTO.
Welcome to our new series, Beyond the Docket. After thousands of conversations with IP lawyers, we decided it was time to share some of the most interesting stories and perspectives. This week's interview is with Jon Tobin. Jon implements the newest technology and a unique subscription billing model to bring the best possible service to his clients.
This lawsuit goes to 11. The rock gods behind one of the most well-known mockumentaries are seeking $400 million for their part in the film.