Post By Brandon Clark The Digital Millennium Copyright Act (DMCA) safe harbor provision is one of the most important copyright laws of today's online focused society. As of December 1, 2016, the Copyright Office has enacted a new set of rules one must follow to register a DMCA agent. The new system makes registration cheaper and easier but does require website owners and hosts to take ....... Read More
Post By Caitlin M Anderson Since May 2015, Filewrapper, along with the intellectual property community, has been closely watching the heated Apple v. Samsung design patent and trade dress row. On December 6th, the Supreme Court upset the controversial $400 million damages award to Apple, essentially holding that such penalties are available for the "article of manufacture....... Read More
Post By Patricia Sweeney It's just nine months old, but the new Defend Trade Secrets Act provides for a new stronger defense of key intellectual property. Enacted May 11, 2016, the law provides for the first time for a uniform federal law protecting trade secrets. Previously, trade secrets could be enforced only according to variable state law, and ....... Read More
Post By Blog Staff Unwired Planet v. Google involved a review of what standard the Patent Trial and Appeal Board should use in order to institute reviews of Covered Business Method (CBM) patents. Unwired owns the patent in question which describes a system and method for restricting access to a wireless device's location information. Google petitioned ....... Read More
Post By Blog Staff Wise F&I, LLC and a number of its subsidiaries recently opposed Allstate Insurance Company's application to register the marks MILEWISE and ALLSTATE MILEWISE for " insurance services, namely, writing and underwriting of property and casualty insurance and providing ancillary services thereto, namely, administration and claims adjustment,"in International Class 36. Wise F&I, LLC an....... Read More
Post By Jonathon L. Kennedy Have you ever wondered how long the typical time before a first Office Action in a pending patent or trademark application is? Or am I the only one waiting for some months after filing an RCE to have my patent application reexamined? Or what is the average length of time a patent application or trademark application is examined before allowance? The USPTO....... Read More
Post By Nicholas J. Krob Last week, the Trademark Trial and Appeal Board ("TTAB‚¬) issued a precedential ruling rejecting registration on the Principal Register of two marks on the basis that the goods for which the marks were to be used were unlawful. The Applicant, JJ206, LLC, d/b/a JuJu Joints ("the Applicant‚¬), sought to register the marks "POWERED BY JUJU"and "JUJU JOINTS"for vaporizing devic....... Read More
Post By Xiaohong Liu, Ph.D. Patent Quality Forum Series - Kansas City, MO on Nov. 14, 2016 Several senior USPTO executives will host one of the Patent Quality Forum Series at Kansas City, during which they will give presentations and hold panel discussions related to the Enhanced Patent Quality Initiative (EPQI). USPTO establishes the EPQI and related work products, processes, services, and me....... Read More
Post By Caitlin M. Andersen In this final week of the Filewrapper® series on considerations for environmental technology, we will be discussing environmental intellectual property litigation and wrap up with final conclusions and thoughts. The grant of a patent is the right to exclude others from the practicing the invention. On the other end of the spectrum is technology that is well with....... Read More
Post By Brandon W. Clark It is nearly impossible to be backstage at a concert and not hear at least one quote from, or a reference to, the mockumentary This Is Spinal Tap. The film, first released in 1984, has gone on to be considered one of the most popular and successful films of all time. It has been included on numerous "best ever"lists and in 2002 the National Film Registry of the....... Read More
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