Blurred Lines in Copyright Law Following ‘Blurred Lines’ Jury Verdict Under the Copyright Act of 1909, a work was protected when it was published with the notice of copyright protection. Although changed by the Copyright Act of 1976, releasing a sound recording of a composition under the 1909 act (i.e., musical notes and lyrics) did not constitute “publication”of a musical work. Thus, for musical works […] Continue Reading →
Lost Profit Damages Require Actual Sales by Patentee The award of damages in patent infringement cases is governed by 35 U.S.C. ยง 284. The statute provides “[u]pon finding for the [patent owner] the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the […] Continue Reading →
Michelle Lee Confirmed as USPTO Director The Senate on Monday confirmed the White House’s nominee for the long-vacant director position at the USPTO. Director Lee had been serving as Deputy Director and acting Director for over a year, pending the nomination process. Director Lee takes over for former-Director Kappos, who left the position in February 2013. The confirmation has been both […] Continue Reading →
Alternative Patent Reform Legislation Proposed in Senate Even though the America Invents Act is just over 3 years old, patent reform legislation has arisen on several occasions over the past years. The most visible legislative efforts have involved the “Innovation Act” proposed by Senator Goodlatte in 2013, and again in 2015. The version of the Innovation Act introduced in 2013 stalled out […] Continue Reading →
Cancelation of Trademarks due to First Actual Use After Application Federal registration of a trademark provides a number of benefits to the trademark owner, including protection throughout the entire country, advantageous litigation position—for example presumption of validity and enhanced monetary damages—and enlistment of the U.S. Customs Service to stop importation of counterfeit goods. The federal trademark system provides two separate avenues for protecting a mark: […] Continue Reading →