Tag Archives: kansas city patent protection

SCOTUS: Forum Shopping Spree Over for Patentees

Good litigation strategy involves reviewing a case and potential jurisdictions based upon historical outcomes, some which may have more positive (or more dire) effects on your client’s case. This is sometimes referred to as “forum shopping.” And frankly, it’s just good … Continue reading

Posted in Intellectual Property Newsletter | Tagged , , , , , , , , , , | Comments Off on SCOTUS: Forum Shopping Spree Over for Patentees

Go, Fight, Win: SCOTUS Says Cheerleading Uniforms Are Functional AND Creative

Stuffed miniature mascots in cheerleading uniforms. Monthly calendars featuring cheerleaders. Clothing designed to mimic cheerleading uniforms. What do all of these have in common? They are sold in university gift shops and, under the Supreme Court’s latest decision on cheerleading uniforms, they … Continue reading

Posted in Intellectual Property Newsletter | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Comments Off on Go, Fight, Win: SCOTUS Says Cheerleading Uniforms Are Functional AND Creative

The MET Announces Access to Free Images

The Metropolitan Museum announced access to nearly 400,000 images – for free. The Museum provides these images under an Open Access license for all public-domain works in the Met collection. The Creative Commons Zero (“CC0”) license allows use of the … Continue reading

Posted in Attorneys, Copyright Law, Copyright News, Copyrights, DMCA, Intellectual Property, Intellectual Property Newsletter, Licensing, Litigation | Tagged , , , , , , , , , , , , | Comments Off on The MET Announces Access to Free Images

Patent Reexamination

Paul Allen, former Microsoft co-founder recently brought a patent infringement suit based upon 4 of his patents against many notable companies including Apple, Google, Facebook, NetFlix, AOL and others.  Last week the district court granted a stay while the patents are … Continue reading

Posted in Intellectual Property Newsletter | Tagged , , , , , , , , | Comments Off on Patent Reexamination

Google’s Patent Portfolio

Patents are becoming highly prized pieces of intellectual property in the high tech arena. While, Google has admitted that it has far fewer patents than many of its rival technology companies, Google made a $900m bid to acquire the patent … Continue reading

Posted in Intellectual Property, Patent News | Tagged , , , , , , , , , , , , | Leave a comment

Novelty Requirement of Patentable Inventions

Under the U.S. Patent Act, a patent may be obtained for “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” The requirement that the subject of a patent be new is … Continue reading

Posted in Attorneys, Intellectual Property, Patent Attorneys, Patent News, United States Patent Office, USPTO | Tagged , , , , , , , , , | Leave a comment

Copyrighting Collective Works

The Copyright Act defines a “collective work” as an assemblage into a collective whole of a number of individual contributions, each of which constitutes a separate and independent work, and gives as examples periodicals, anthologies, and encyclopedias. A collective work … Continue reading

Posted in Attorneys, Copyright News, Intellectual Property, United States Patent Office, USPTO | Tagged , , , , , , , , , | Leave a comment

Passing Off under Trademark Law

In “passing off,” a seller associates another party’s mark with a good or service. The law of passing off concerns unfair competition more generally in situations where there does not need to be a registered trademark or any other intellectual … Continue reading

Posted in Attorneys, Intellectual Property, Trade Secret, Trademark News, United States Patent Office, USPTO | Tagged , , , , , , , , , | Leave a comment

Trademark Priority

In the United States, subject to one exception, trademark rights arise from use in commerce, regardless of whether or not the mark is registered. The first user of a mark generally takes priority over all subsequent users with respect to … Continue reading

Posted in Uncategorized | Tagged , , , , , , , , , | Leave a comment

Patent Applications: Written Description

One of the most important aspects of the patent application is the written description requirement. Under the written description requirement, the applicant must provide a clear description of what is being claimed for patent protection. It is what the inventor … Continue reading

Posted in Attorneys, Copyright News, Intellectual Property, Patent Attorneys, Patent News | Tagged , , , , , , , , , | Leave a comment