Comparing Apples to Pears

Earlier this year, Apple, the holders of one of the strongest and most recognizable trademarks in the world, filed an opposition on the last day possible to a trademark application filed by Super Healthy Kids. Super Healthy Kids is a small business, currently only having around five employees, and created an iOS and Android application […]

In Da Courts: Second Circuit Affirms Lower Court Ruling in Rick Ross vs. 50 Cent Copyright Feud

By Nicholas J. Krob

Earlier this week, the United States Court of Appeals for the Second Circuit affirmed a ruling settling an ongoing dispute between rappers Rick Ross and 50 Cent. In 2015, 50 Cent sued Rick Ross over the unauthorized use of 50 Cent’s hit song “In Da Club” in a promo video. Due in part to the […]

PIXEL PIONEER PASSES

By Kirk M. Hartung

The computer scientist who created the pixel in 1957 passed away on August 11 in Portland, Oregon. Russell Kirsch was 91 years old.  His first digital image using pixels was a 2”x 2” black and white photo of his three month old son, with only 30,976 total pixels (176 per side).  In comparison, cell phone […]

US Patent Office Sued For Requiring Human Inventor on Patent Applications

By Kirk M. Hartung

On August 6, 2020, Stephen Thaler sued the United States Patent and Trademark Office (USPTO) in the United States District Court for the Eastern District of Virginia, case number 1:20-cv-00903 for requiring him to name a natural person as the inventor on two patent applications which he filed relating to a light beacon and a […]

Federal Circuit Reinstates Patent Claims Previously Found Obvious by Patent Trial and Appeal Board

By Julie L. Spieker

On July 31, 2020, in the precedential opinion Alacritech, Inc. v. Intel Corp., the United States Court of Appeals for the Federal Circuit (hereinafter the “Federal Circuit”) reinstated three claims of Alacritech’s patent, holding that the Patent Trial and Appeal Board (hereinafter the “Board”) did not adequately support its finding that the asserted prior art […]

Bayh-Dole Act Turns 40

By Kirk M. Hartung

The Patent and Trademark Law Amendments Act, commonly known as the Bayh-Dole Act, was passed by Congress in 1980.  The primary sponsors were Senators Birch Bayh (D. Indiana) and Senator Robert Dole (R. Kansas).  This act relates to research funded by the federal government.  Prior to passage of the Act, inventions developed with federal dollars […]

A New Standard for Multicolored Marks

By Blog Staff

Whether it is a light blue jewelry box, or a red sole on a high-heel shoe, certain colors allow consumers to immediately associate that color with a specific brand or product. However, whether a color can be trademarked is not simply black and white. As demonstrated by a long and complex history of case law […]