USPTO Patent and Trademark Fee Increases
The United States Patent and Trademark Office (USPTO) has announced increased patent and trademark fees effective 19 and 18 January 2025, respectively.
Read MoreFederal Circuit Clarifies Scope of Estoppel Provision and Provides Guidance on “Patentably Distinct” Claims
On 26 July 2024, the Federal Circuit entered its decision in SoftView LLC, v. Apple Inc.1 holding that patent owner estoppel2 applies to newly presented and amended claims, but does not apply to issued claims. The Federal Circuit also confirmed that patent owner estoppel prevents a patent applicant from later obtaining a patent claim that is “not patentably distinct” from a finally refused or cancelled claim, but that patent owner estoppel does not apply to defending issued, unamended claims.
Read MoreUS$18.3 million Wearable Blanket Infringement Award Stands Despite Newly Announced Design Patent Standard
An Arizona federal judge denied Top Brand LLC’s motion for a new trial following an US$18.3 million jury award to Cozy Comfort Co. for infringement of two Cozy Comfort design patents and the “Comfy” trademarks used in connection with “The Comfy” hooded wearable blanket, which was featured on the television program “Shark Tank”.
Read MoreUSPTO Considering Changes to Enforceability of Patents Subject to a Terminal Disclaimer
On 10 May 2024, the United States Patent and Trademark Office (USPTO) published a Notice of Proposed Rulemaking aimed at changing the current practices surrounding terminal disclaimers. The proposed change could have substantial effects on the enforceability of patents that are subject to a terminal disclaimer.
Read MoreLevi Strauss Settles Trademark Dispute Over Pocket Tab on Jeans
Levi Strauss continues enforcement of its Tab trademark against other fashion companies. On May 7, 2024, just a couple months after filing suit against Brunello Cucinelli, Levi Strauss voluntarily dismissed its lawsuit. Levi’s filed suit against the Italian luxury fashion brand in the Northern District of California in January 2024 alleging infringement of Levi’s rectangular pocket tab trademark. Levi’s dismissed the suit after reaching a confidential settlement.
Read MoreFederal Circuit Finds Declaratory Judgment Jurisdiction Over Patent Owner Through Amazon APEX Agreement
On 2 May 2024, the US Court of Appeals for the Federal Circuit (the Federal Circuit) entered its decision in SnapRays, dba SnapPower v. Lighting Defense Group,1 holding the submission of an Amazon Patent Evaluation Express (APEX) Agreement against infringing third-party product listings is a “purposefully directed extra-judicial patent enforcement activit[y]” subjecting the patent owner to personal jurisdiction in the alleged infringer’s home state.2
Read MoreChanel Seeks Permanent Injunction Against WGACA
The public legal dispute between luxury brand Chanel and luxury reseller What Goes Around Comes Around (WGACA) continues with Chanel seeking a permanent injunction that WGACA argues is too broad. As previously reported, a New York jury previously awarded Chanel a US$4 million verdict against WGACA for sales of counterfeit Chanel-branded products Chanel, Inc. v. What Goes Around Comes Around, LLC, et al., 1:18-cv-02253 (SDNY).
Read MoreVictory for Chanel in Luxury Reseller Trial
A New York federal jury sided in favor of Chanel on all of it claims against luxury reseller What Goes Around Comes Around (WGACA), awarding Chanel US$4 million in statutory damages for sales of counterfeit Chanel-branded handbags. In Chanel, Inc. v. What Goes Around Comes Around, LLC, et al., 1:18-cv-02253 (SDNY), WGACA was found liable for trademark infringement, false association and unfair competition, and false advertising claims. The jury further found that WGACA acted willfully, with reckless disregard, or with willful blindness.
Read MoreJury Clears Los Angeles Tattoo Artist of All Copyright Infringement Claims In One of the First Significant Post-Warhol Transformative Use Cases
On 26 January2024, a federal jury in Los Angeles handed down its verdict in one of the first copyright infringement cases to grapple with fair use after the Supreme Court’s 2023 Warhol decision.1 The trial concerned a dispute over a tattoo inked by Katherine Von Drachenberg (known as Kat Von D), and related social media posts. In the Kat Von D case, plaintiff Jeffrey Sedlik argued the tattoo and posts infringed upon his copyright in a photograph of jazz musician Miles Davis that was indisputably utilized to create the tattoo and featured in one of the posts. Emphasizing the case-specific nature of fair use, the Los Angeles jury handed down a complete defense verdict.
Read MoreU.S. Copyright Review Board Affirms Rejection of Copyright Registration for Work Created With AI Application
In a decision dated 11 December 2023, the Copyright Review Board of the United States Copyright Office affirmed the Office’s refusal to register an AI-generated artwork submitted by Ankit Sahni.
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