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Gene Simmons Attempts to Trademark Iconic Hand Symbol
June 21, 2017
Post by Brandon W. Clark

Post By Brandon Clark Kiss lead singer, Gene Simmons, recently filed a trademark application with the United States Patent and Trademark Office (USPTO) to register the famous rock ‘n’ roll “horns” hand gesture as a trademark. Simmons filed the application June 9th to register “a hand gesture with the index and small fingers extended upward and the thumb extended perpendicular” as a trademark for “live perf....... Read More


Say What You Will About Trademarks
June 19, 2017
Post by Blog Staff

Post By Blog Staff Simon Tam chose to name his band “The Slants” with the intent to reclaim the term and erase the denigrating connotations associated with it. However, he was confronted with the denial of his trademark application based on the disparagement clause of the Lanham Act. This raised an interesting issue of whether the disparagement clause violates the First Amendment. The Lanham Act allows tra....... Read More


Supreme Court Rules for Biosimilar Applicants under the BPCIA
June 16, 2017
Post by Blog Staff

Post By Blog Staff On June 12, 2017, the Supreme Court released a decision in Sandoz Inc. v. Amgen Inc., which involved a case emerging out of the Biologics Price Competition and Innovation Act.   The Biologics Price Competition and Innovation Act of 2009 (BPCIA) provides an abbreviated pathway for biosimilar products of already licensed biological products (reference products) to FDA approval. Under the Act,....... Read More


Patent Applications - What Happens After They Are Filed?
June 09, 2017
Post by Luke T. Mohrhauser

You have worked with an MVS attorney to get your invention covered by a patent application, and the application has been filed. Great! Have you ever wondered what happens to the application at the US Patent Office? Part of it depends on if you have filed a provisional application or a utility application. If you filed a provisional application, the application gets assigned a serial number and filing date,....... Read More


Does Play-Doh Smell Distinct? Hasbro Thinks So
June 08, 2017
Post by Jonathan L. Kennedy

Post By Jonathan L. Kennedy Most of the time when we think of trademarks, we think of words, slogans, and logos.  But trademarks can be more than that.  Some companies have been able to obtain trademarks for colors.  For example, Tiffany and Co. has registrations for its Tiffany Blue, an example of which is Reg. No. 2,359,351. Similarly, 3M has a trademark for the canary yellow color of....... Read More


'Fame' is Not All-Or-Nothing
June 06, 2017
Post by Blog Staff

Post By Blog Staff The Court of Appeals for the Federal Circuit (“CAFC”) vacated a decision by the Trademark Trial and Appeal Board (the “Board”) denying a petition by Joseph Phelps Vineyards, LLC for cancellation of a trademark held by Fairmont Holdings, LLC. The CAFC held that the Board used an incorrect standard when analyzing the ‘fame’ factor for likelihood of confusion. The court remanded for redeter....... Read More


Spotify Settles Class Action Lawsuit for $43.4 Million
May 31, 2017
Post by Brandon W. Clark

Post By Brandon Clark In February of last year, I wrote a blog discussing the filing of a class action lawsuit against Spotify seeking $150 million in unpaid mechanical royalties (Read the previous post here). In a settlement announced on Friday, Spotify has agreed to set up a fund worth $43.4 million to compensate songwriters and publishers whose compositions were used without paying mechanical royalties. Mechani....... Read More


U.S. Supreme Court Extends the Limitation of "Exhaustion" for Patent Rights
May 30, 2017
Post by Blog Staff

Post By Blog Staff A United States patent entitles the patent holder to exclude others from making, using, offering for sale, or selling [its] invention throughout the United States or importing the invention into the United States. However, when a patentee sells one of its products, the patentee can no longer control that item through the patent laws— its patent rights are said to “exhaust.” Today, ....... Read More


Federal Circuit Opinion Does Little to Resolve Questions Regarding Online Retailers’ Liability for “Offers to Sell”
May 24, 2017
Post by Nicholas J. Krob

Post By Nicholas Krob Under 35 U.S. Code § 271(a), anyone who, without authorization, “offers to sell” a patented invention in the United States infringes said patent.  This basis for liability is distinct from liability for theactual sale of a product and does not require acceptance of the offer—raising interesting questions for online retailers like Amazon.  Notably, when an individual im....... Read More


U.S. Supreme Court Limits Where Patent Infringement Defendants Can be Sued
May 22, 2017
Post by Jonathan L. Kennedy

Post By Jonathan L. Kennedy In TC Heartland LLC v. Kraft Foods Group Brands LLC, the U.S. Supreme Court limited the locations that patent infringement suits can be brought against a defendant, i.e., venue for the lawsuit.  Proper venue is established by 28 U.S.C. § 1400(b) as the place where (1) the defendant resides or (2) where the defendant has committed the acts of infringement and has a regula....... Read More


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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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