Skip Page Banner  

Intellectual Property
RSS
BLOG


March 7, 2014

'Do You Copy?' Podcast, Episode 63, March 7, 2014

Podcast (stream or download): Ananda and Tony discuss a controversial decision by the Ninth Circuit that finds that an actor has a copyright interest in her performance in a film separate from the overall copyright interest in the film, a decision that looks ripe for further appeal. Tony also lays out a detailed case for why he thinks that the administration seems to have taken over control of the Patent and Trademark Office's policymaking functions. The "Do You Copy?" Podcast is also available for free subscription and download at the Apple iTunes Store (accessible to both subscribers and non-subscribers).

February 25, 2014

'Do You Copy?' Podcast, Episode 62, Feb. 25, 2014

Podcast (stream or download): Ananda and Tony return from a hiatus with a preview of SEVEN intellectual property cases going up for argument before the U.S. Supreme Court. The "Do You Copy?" Podcast is also available for free subscription and download at the Apple iTunes Store (accessible to both subscribers and non-subscribers.)

January 9, 2014

PTO Examiner Refuses to Register 'Redskins' Trademark (No, Not That One)

On Dec. 29, the PTO refused to register the trademark "Redskins Hog Rinds" on the grounds that the term "Redskin" was offensive to Native Americans. The examiner determined that the mark was disparaging, and therefore could not be registered under the Lanham Act, based on both dictionary definitions describing "Redskin" as derogatory and reports on Native American tribes considering the term offensive.

December 17, 2013

The Ballad of Riverboat Ron and NFL Trademarks

Ron Rivera, head coach of the NFL’s Carolina Panthers, has filed toregister as a trademark the nickname “Riverboat Ron,” bestowed on him by the media this season.

December 12, 2013

Unlicensed to Ill - GoldieBlox vs. The Beastie Boys

Blog exclusive:   Startup GoldieBlox created a viral sensation in November with a video of a Rube Goldberg machine to promote its line of toys designed to spur girls’ interest in STEM subjects. The video was originally set to a version of the Beastie Boys’ 1987 song “Girls” with new lyrics (“girls to build a spaceship/girls to code a new app”) playing on the misogyny of the original (“girls to do the dishes/girls to clean up my room”). 

December 10, 2013

'Blurred Lines' blurs lines between homage and infringement?

Blog exclusive:   Robin Thicke and Pharrell Williams’ “Blurred Lines,” the biggest song of the summer and Grammy nominee for Record of the Year, has been a lightning rod for controversy since its release. Thicke was already under fire for the song’s possibly misogynistic lyrics, and now Thicke and Williams are being sued for infringement by the estate of soul legend Marvin Gaye because of “Blurred Lines’” similarity to Gaye’s hit, “Got to Give It Up.” 

November 26, 2013

Jury appropriately allowed tacking for three marks incorporating ‘Hana' term

Bloomberg BNA full story: Tamlin H. Bason's writeup on the Ninth's Circuits affirmation of a jury verdict in a trademark dispute over the term "Hana."

November 26, 2013

Apple award on Samsung patent infringement rises to $890 million after second jury verdict

  Bloomberg BNA full story: Tony Dutra's writeup on a $290 million damages judgment awarded to Apple against Samsung (accessible to both subscribers and non-subscribers).

November 26, 2013

House Judiciary Committee approves bill targeting patent litigation abuses

Bloomberg BNA full story: Tony Dutra's writeup on the House Judiciary Committee's approval of the Innovation Act (H.R. 3309) (accessible to both subscribers and non-subscribers).

November 20, 2013

Copyright reform green paper draws raft of comments from all sides of disputes

Bloomberg BNA full story: Anandashankar Mazumdar's writeup of comments submitted in response to the U.S. Department of Commerce's green paper on copyright law reform (accessible to subscribers and non-subscribers).

November 20, 2013

Starbucks once again burned by 2nd Circuit; ‘Charbucks' does not dilute famous brand

Bloomberg BNA full story: Tamlin H. Bason's writeup on a decision regarding Starbuck's claim that its famous trademark is diluted by "Charbucks" (accessible to both subscribers and non-subscribers).

November 20, 2013

Possible injunction for Apple vs. Samsung for features, but not for design patents

Bloomberg BNA full story: Tony Dutra's writeup of Apple's failure to obtain an injunction against Samsung based on design patents and trade dress claims (accessible to both subscribers and non-subscribers).

November 13, 2013

Student-athletes can seek injunction against NCAA but no class certification for damages

Bloomberg BNA full story: Tamlin H. Bason's writeup of a decision giving class action status to a group of former student-athletes with regard to their claims against the NCAA (accessible to both subscribers and non-subscribers).

November 13, 2013

Judicial Conference to Congress: Litigation reform bill section steps on judiciary's toes

Bloomberg BNA full story: Tony Dutra's writeup on the Judicial Conference's objection to legislative proposals that it believes interferes with the judiciary's constitutional prerogatives (accessible to both subscribers and non-subscribers).

November 6, 2013

Supreme Court hears arguments on burden shift in patent declaratory judgment actions

Bloomberg BNA full story: Tony Dutra's writeup of oral arguments before the U.S. Supreme Court in Medtronic v. Boston Scientific for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).

November 5, 2013

D.C. Circuit affirms vacatur of default judgment won by Bell against Iranian government

Bloomberg BNA full story: Anandashankar Mazumdar's writeup of the Bell helicopter maker's failure to maintain a default trade dress infringement judgment against the government of Iran for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).

November 4, 2013

Claims by soul singer against ‘Soul Men' movie fail on appeal to Sixth Circuit court

Bloomberg BNA full story: Anandashankar Mazumdar's writeup of the failure of "Sam" from the soul music act Sam and Dave on his claims against the "Soul Men" movie featuring Samuel L. Jackson and Bernie Mac (accessible to both subscribers and non-subscribers).

October 30, 2013

House considers patent litigation reform bill with some agreement but controversy likely

Bloomberg BNA full story: Tony Dutra's writeup of a House Judiciary Committee hearing on patent litigation reform (accessible to both subscribers and non-subscribers).

October 30, 2013

Federal Circuit Will Not Hear en banc inducement of wireless patent infringement

Bloomberg BNA full story: Tony Dutra's writeup of the Federal Circuit's denial of a petition for en banc rehearing in the Commil case for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).

October 29, 2013

Rader regrets CLS Bank impasse, comments on latest patent reform bill

Bloomberg BNA full story: Tony Dutra's writeup of a speech by the Federal Circuit's chief judge at the recent conference of the American Intellectual Property Law Association for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).

October 23, 2013

PTO issues final rule on patent prosecution changes in patent law treaty implementation

Bloomberg BNA full story: Tony Dutra's writeup of final rules issued by the PTO implementing the Patent Law Treaty for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).

October 23, 2013

Failure to disclose how algorithm factors are weighted, calculated, leads to invalidity

Bloomberg BNA full story: Tamlin H. Bason's writeup of a decision regarding a patent on a way to keep drivers from falling asleep for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).

October 21, 2013

TTAB did not err in finding ‘probiotic' to be generic in organic fertilizer market

Bloomberg BNA full story: Anandashankar Mazumdar's writeup of an attempt to claim exclusive rights in "probiotic" with respect to organic fertilizer for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).

October 18, 2013

'Do You Copy?' Podcast, Episode 61, Oct. 18, 2013

Podcast (stream or download): Ananda and Tony discuss three writs of certiorari granted by the Supreme Court, one in a case involving Martin Scorsese and Robert DeNiro's movie Raging Bull and two party cases involving the standard for awarding attorneys' fees to the prevailing party in exceptional cases. (Podcast is available for free download and subscription at Apple's iTunes Store.)

October 16, 2013

Networks seek Supreme Court review of 2d Cir.'s 'public performance' ruling in Aereo

Bloomberg BNA full story: Tamlin H. Bason and Tony Dutra's writeup of a petition for a writ of certiorari in the Aereo case for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).

October 15, 2013

11th Cir. seeks clarity on VirtualSchool mark that Florida agency claims was infringed

Bloomberg BNA full story: Tamlin H. Bason's writeup of an Eleventh Circuit decision regarding a Florida state agency's effort to claim exclusive rights in "VirtualSchool" for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).

October 10, 2013

Patent applicant's failure to cure false affidavit meets Therasense materiality

Bloomberg BNA full story: Tony Dutra's writeup on the Intellect Wireless ruling on inequitable conduct for BNA's Patent, Trademark & Copyright Daily (accessible to both subscribers and non-subscribers).

October 10, 2013

Motorola Noninfringement of Microsoft Phone Patents Upheld With Menu Design Change

Bloomberg BNA full story:  Tony Dutra covers the Federal Circuit's Oct. 3 ruling on an ITC decision to bar imports of Motorola Blur phones, but the ban would not apply to Motorola's proposed...

October 10, 2013

Court Declines to Assert Jurisdiction Over Canadian Party Under U.S. Trademark Law

Bloomberg BNA full story:  Anandashankar Mazumdar reports on a subject matter jurisdiction dispute in a trademark case between Trader Joe's and a Canadian grocery that was buying and...

October 10, 2013

High Court Seeks Gov't Views on Overseas Patent Infringement; Denies Cert in 12 Cases

Bloomberg BNA full story:   Tamlin H. Bason's  recap of the Supreme Court's 12 cert denials and one call for the views of the Solicitor General, capping off its first week after granting cert in...

October 2, 2013

Stakeholders hopeful open approach bodes well for Goodlatte's copyright reform efforts

  Bloomberg BNA full story: Tamlin H. Bason's writeup of a Sept. 17 hearing before the House IP subcommittee for the Intellectual Property Law Resource Center (accessible to both subscribers and non-subscribers).

October 2, 2013

FTC seeks comments on questions to ask patent assertion entities under 6(b) authority

Bloomberg BNA full story: Tony Dutra's writeup on the FTC's request for comments on patent trolls for the Intellectual Property Resource Center (available to both subscribers and non-subscribers).

October 2, 2013

Asian-American rock band's attempt to register 'The Slants' rejected under §2(a)

Bloomberg BNA full story: Anandashankar Mazumdar's writeup of the TTAB's rejection of an attempt to register the term "The Slants" as a trademark with the PTO for the Intellectual Property Law Resource Center (available to both subscribers and non-subscribers).

September 25, 2013

Todd Hughes to Join Federal Circuit following Senate's 98-0 confirmation vote

Bloomberg BNA full story: Tamlin H. Bason's writeup of the confirmation of Todd Hughes to join the Federal Circuit bench for BNA's Patent, Trademark & Copyright Law Daily. (accessible to both subscribers and non-subscribers)

September 24, 2013

Goodlatte's second draft on anti-troll legislation drops, adapts provisions

Bloomberg BNA full story: Tony Dutra's writeup of the release of a second discussion draft of legislation purporting to address abusive patent litigation for BNA's Patent, Trademark & Copyright Law Daily. (accessible to both subscribers and non-subscribers)

September 23, 2013

Vimeo wins summary judgment with respect to some user videos with infringing content

Bloomberg BNA full story: Anandashankar Mazumdar's writeup of Vimeo's partial success in asserting safe harbor protection with respect to user-supplied content for BNA's Patent, Trademark & Copyright Law Daily. (accessible to both subscribers and non-subscribers)

September 17, 2013

Split Sixth Circuit finds grease pump design functional, rejects $1.2 million trade dress award

  Bloomberg BNA full story: Tamlin H. Bason's writeup of a ruling that the design of a grease pump was functional and therefore could not be claimed as trade dress for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).

September 16, 2013

Federal Circuit hears arguments en banc on de novo review of claim construction

  Bloomberg BNA full story: Tamlin H. Bason's writeup of oral arguments before the U.S. Court of Appeals for the Federal Circuit regarding deference due on issues of claim construction for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).  

September 13, 2013

Acting PTO Director Teresa Stanek Rea announces she is stepping down soon

Bloomberg BNA full story: Tony Dutra's writeup of the announcement that the PTO's acting director plans to step down in the near future for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).

August 27, 2013

Ditch the label, keep the Toad

 Blog exclusive: In this post I told you about how Def Leppard and other bands have attempted to get out from under the thumbs of their labels by rerecording their own music ... 

August 23, 2013

'Do You Copy?' Podcast, Episode 60, Aug. 23, 2013

Podcast (stream or download): Tony has an update on the war between Apple and Samsung (and Apple and Motorola) which has gotten so hot that the White House has stepped in to blow a whistle. And then Tony gets to talk sports again, as decisions are issued in cases involving the use of athletes' images, likenesses, and identities in video games. Ananda gets to talk about movies and literature, and a Mississippi judge's ruling in a battle between Woody Allen and (the estate of) William Faulkner. Also, cellphone unlocking legislation makes headway, but not without complaints. Finally, publishers of technical works suffer significant losses in their attempt to hold liable for infringement lawyers who copy scholarly articles to include with patent applications. (Free downloads and subscriptions available at Apple's iTunes Store.)

August 22, 2013

Sixth Circuit Reverses Evidentiary Rulings in Dispute Amongst Gospel Composer's Heirs

Bloomberg BNA full story:  Tamlin H. Bason's story on an Aug. 15 Sixth Circuit opinion on the ancient documents exception to the hearsay rule, relevant to copyright interests in a 1928 song,...

August 22, 2013

Ex-Plaintiff Cannot Use Copyright Law to Bar Remaining Plaintiffs from Using Documents

Bloomberg BNA full story:  Anandashankar Mazumdar's review of an Aug. 20 Second Circuit ruling related to authorizing use of a copyrighted work in the context of a legal proceeding, appearing...

August 22, 2013

State University Patent Inventorship Dispute Does Not Invoke Supreme Court Jurisdiction

Bloomberg BNA full story:  Tony Dutra's writeup of an Aug. 19 Federal Circuit split decision that a patent inventorship dispute between states -- actually the University of Utah and the...

August 19, 2013

William Faulkner v. Woody Allen: Copyright Fight

Bloomberg Law Video: Bloomberg Law's Josh Block interviewed Ananda about the William Faulkner/Woody Allen decision and created an entertaining and informative video about the case. (YouTube video)

August 19, 2013

Charge of Copyright Infringement in PTO Prior Art Disclosure Suffers Another Blow

Bloomberg BNA full story:  Tony Dutra's report on the latest development in technical journal publishers' challenges that law firms who file patent applciations are infringing copyrights in...

August 19, 2013

Italian Jewelry Maker May Pursue Some Claims Against Company Founder's Grandson

Bloomberg BNA full story:  Anandashankar Mazumdar's writeup of a July 31 ruling by the Southern District of New York regarding trademark rights in the term "Cantamessa," appearing in BNA's...

August 19, 2013

President Reverses ITC's Decision That Would Bar Certain Apple iPhone, iPad Importation

Bloomberg BNA full story:  Tony Dutra's review of the White House's decision , in a rare ovrerride of an ITC order, to allow Apple to continue importing iPhones and iPads found to infringe...

August 19, 2013

2d Circuit Affirms That Comics by Artist Jack Kirby Were Works Made for Hire

Bloomberg BNA full story:  Anandashankar Mazumdar's writeup of an Aug. 8 Second Circuit opinion holding that several comic books created by superhero artist Jack Kirby in the late 1950s and...

August 19, 2013

‘Disorderly' Submission of Glass Sculpture Does Not Necessarily Invalidate Registration

Bloomberg BNA full story:  Anandashankar Mazumdar's analysis of an Aug. 12 Seventh Circuit decision related to copyright registration requirements for sculptural works, appearing in BNA's...

August 19, 2013

ITC Rules Samsung Phones, Tablet Infringe Apple Patents and Issues Exclusion Order

Bloomberg BNA full story:  Tony Dutra's writeup of Apple's Aug. 9 victory at the International Trade Commission that would ban certain smartphones and tablets made by Samsung, appearing in...

August 4, 2013

Whether Mounting Covers on Plaques Is Fair Use Not Resolved at Summary Judgment

Bloomberg BNA full story:  Anandashankar Mazumdar's writeup of a July 24 District of Maryland decision on fair use in taking covers of certain issues of a magazine and mounting them on...

August 4, 2013

Ninth Circuit Affirms Award of Preliminary Injunction in ‘Rena' Versus ‘ARëna' Case

Bloomberg BNA full story:  Anandashankar Mazumdar's writeup of a July 24 Ninth Circuit opinion addressing trademark infringement versus free speech rights, appearing in BNA's Patent,...

August 4, 2013

Senate Committee Hears Opposing Views on Need for Standard-Essential Patent Curb

Bloomberg BNA full story:  Tony Dutra's writeup of a hearing in the Senate Judiciary subcommittee on antitrust matters whether consumers suffer when companies holding "standard-essential...

July 25, 2013

House Bill Reintroduced to Make Permanent Amortization Tax Rule for Creating Music

Bloomberg BNA full story:  Tamlin H. Bason's writeup of the introduction into Congress of the Songwriters Tax Simplification Reauthorization Act ( H.R. 2731 ) on amortization of expenses...

July 25, 2013

Use of Competitor's Mark in Google AdWords Does Not Create Initial Interest Confusion

Bloomberg BNA full story:  Anandashankar Mazumdar's writeup of a July 16 decision by the Tenth Circuit that the purchase of a competitor's service mark as a keyword trigger for Google's...

July 25, 2013

Inadequate 2000 Patent Application Support in 2009 Claim Against DuPont Corn Ethanol

Bloomberg BNA full story:  Tony Dutra's writeup of a July 22 Federal Circuit decision furthering its Arial  standards on what it takes to have on "possession" of an invention when a patent...

July 25, 2013

Hearing Questions Whether Pay-for-Delay Legislation Needed After Actavis Ruling

Tony Dutra's writeup of a Senate Judiciary Committee hearing on whether Congress needs to go further in stopping pay-for-delay drug patent litigation settlements than the Supreme Court did in ...

July 18, 2013

Royalties End When Patent Expires Though Noninfringement Judgment Led to Agreement

Tony Dutra's writeup of the Ninth Circuit's decision that "patent leverage" can still drive a licensing deal after a noninfringement finding, such that the deal ends when the patent expires,...

July 18, 2013

Trade Secret Disclosure Is Contract Breach by Government and Belongs in Claims Court

Bloomberg BNA full story:  Tony Dutra's writeup of a Federal Circuit decision tiptoeing between two federal statutes on when a private contractor can sue the government, appearing in BNA's...

July 18, 2013

Networks Denied En Banc Review of Aereo; Chin Dissent: Cablevision ‘Wrongly Decided'

Bloomberg BNA full story:  Tamlin H. Bason's writeup of the continuing plaint of Judge Denny Chin that the Cablevision  was wrongly decided, this time in his dissent to the Second Circuit's...

July 11, 2013

No Preemption Where Misappropriation Claims Extend Beyond Copyrighted Software

Bloomberg BNA full story:  Tamlin H. Bason's writeup of a ruling by the Northern District of Texas on trade secret misappropriation and copyright infringement claims related to software,...

July 11, 2013

Section 602 of Copyright Act Does Not Set Cause of Action Separate From Infringement

Anandashankar Mazumdar's writeup of a decision by the Southern District of New York on copyright infringement by importation or exportation, appearing in BNA's Patent, Trademark & Copyright...

July 11, 2013

Supreme Court Issued Six IP Opinions Last Term With Next Term Promising More

Tony Dutra's review of the Supreme Court's handling of 67 cert petitions in its recently ended term, appearing in BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers...

July 5, 2013

'Do You Copy?' Podcast, Episode 59, July 5, 2013

Podcast (stream or download): On this holiday-week podcast, Ananda and Tony discuss the latest development in the now 7-year-old Google Book Search case as well as the Eleventh Circuit's exercise of jurisdiction over a patent case in MDS v. Rad Source. (Podcast is also available for free subscriptions and downloads at Apple's iTunes Store.)

July 5, 2013

House Bill Would Exempt PTO From Cuts Forced by Sequestration

Bloomberg BNA full story:  Tony Dutra's writeup of a bill introduced in Congress by Silicon Valley-based members of the House that would exempt the Patent and Trademark Office from the...

July 5, 2013

11th Circuit Rejects Request to Transfer ‘Fact-Bound Question of Patent Infringement'

Bloomberg BNA full story:  Tony Dutra's writeup of the 11th Circuit's refusal to transfer a case involving patent claim construction and infringement analysis to the Federal Circuit,...

July 5, 2013

Google Book Search's Fair Use Defense Must Be Considered Prior to Class Status

Bloomberg BNA full story:  Anandashankar Mazumdar's writeup of the latest development in the Google Book Search case , as the Second Circuit pushed the fair use question ahead of the class...

June 28, 2013

'Do You Copy?' Podcast, Episode 58, June 28, 2013

Podcast (stream or download): Ananda and Tony make their triumphant return with a rundown of all the big IP law news that has been raining down over the last several weeks, including Supreme Court decisions in Myriad and Actavis. Myriad represents at least a partial victory for those objecting to patenting of human genes. Actavis offers an opportunity to subject reverse-payment deals to antitrust law. Also on the agenda are rulings on petitions for certiorari in Intercollegiate Broadcasting, Lexmark, and Medtronic, the first of which ends a dispute over the appointment of the judges of the Copyright Royalty Board. The new Patent Trial and Appeal Board issues its very first decision, in SAP America. The software patent action before the Federal Circuit in Ultramercial v. Hulu creates less of a stir than might be hoped and Monsanto wins another victory against farmers. Finally, the president himself gets in on the anti-patent troll conversation., including Supreme...

June 27, 2013

‘No More RINOs!' Is a Political Slogan, Fails to Function as a Mark, TTAB Says

Bloomberg BNA full story:   Natasha Dhillon's writeup of the TTAB's decision on the attempt by Thomas J. Hulting d/b/a/ No More RINOs! Enterprises, to register the mark on clothing and posters,...

June 27, 2013

High Court's End of Term Actions on IP Cert Petitions: Akamai CVSG, Pay-for-Delay GVR

Tony Dutra's writeup of the Supreme Court's last set of orders in the current term related to petitions for writ of certiorari in patent cases, appearing in BNA's Patent, Trademark & Copyright...

June 27, 2013

First Circuit Rejects Tenenbaum's Due Process Challenge; Upholds $675K Award

Tamlin H. Bason's writeup of the latest development in Joel Tenenbaum's copyright fight related to peer-to-peer file-sharing of musical recordings, appearing in BNA's Patent, Trademark &...

June 20, 2013

Contributory Liability Claim Against Amazon Based on Third-Party Photo Sales Survives

Bloomberg BNA full story:  David McAuley, who writes for BNA's E-Commerce Law Report, contributed this piece  on a June 11 ruling  by the Eastern District of Michigan that allowed a copyright...

June 20, 2013

Supreme Court Says Reverse Payment Deals May Be Anticompetitive; Reverses 11th Cir.

Bloomberg BNA full story:   Tony Dutra's writeup  of the Supreme Court's 5-3 decision June 17 that drug firms' pay-for-delay deals may violate antitrust laws, appearing in BNA's Patent,...

June 20, 2013

Fed. Cir. Faults TTAB for Misapplying Issue Preclusion Factors in Levi, Abercrombie Case

Bloomberg BNA full story:  Tamlin H. Bason's writeup of the Federal Circuit's June 18 ruling  on the preclusive effect of a Trademark Trial and Appeal Board decision, appearing in BNA's...