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Federal Circuit Holds that USPTO Can’t Deny Trademarks as Offensive or Disparaging

On Tuesday, December 22, 2015, the Federal Circuit  held that a portion of ยง 2(a) of the Lanham Act is unconstitutional in a 10-2 decision. The decision was made in In re Simon Shiao Tam, an appeal from the Trademark Office. Mr. Tam is a member of an Asian American rock band called THE SLANTS. […]

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Applying the USPTO Guidance on Patent Eligibility of Software

                The Supreme Court’s June 25, 2014 decision in Alice Corp. Pty. Ltd. v. CLS Bank International, et al., was anticipated as being the case to decide once and for all whether software is patentable. Many were worried the decision would cause the demise of software patents while others hoped it would secure the future […]

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Happy Birthday to All: The Famous Song is Now Effectively in the Public Domain

The world of copyrights and the Public Domain can be a complex and confusing place. Generally, any work created or first published in the U.S. prior to 1923 is in the Public Domain. However, to determine if a work that was created or first published in the U.S. after 1923 has passed into the Public […]

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