Sail On: Former Commodores Guitarist Fails to Establish Rights in Band's Trademark
January 11, 2018
Post by Nicholas J. Krob

Post By Nicholas Krob Who owns a band’s trademark when that band is composed of multiple people? And more importantly, what rights does a band member have in that trademark when they leave the band? Earlier this week, the Eleventh Circuit addressed these very questions in a case involving legendary funk/soul band the Commodores. The Commodores, famous for chart-topping singles like “Brick House” and “Three Tim....... Read More

Music Publishing Company Sues Spotify for $1.6 Billion
January 03, 2018
Post by Brandon W. Clark

Post By Brandon Clark Spotify has a growing copyright problem and as previously discussed on this blog (here and here) they are no stranger to copyright infringement lawsuits. Wixen Music Publishing Inc. recently filed a complaint seeking $1.6 billion in damages alleging copyright infringement. On December 29th, Wixen filed suit in California federal court claiming Spotify has repeatedly failed to obtain n....... Read More

Determining a "Joint Enterprise" in the Wake of Akamai's Divided Infringement Standards
December 21, 2017
Post by Sarah M. Dickhut

Post By Sarah Dickhut On December 19, 2017, the Federal Circuit released an opinion in Travel Sentry, Inc. v. Tropp, clarifying further the requirements for satisfying divided infringement, i.e. infringement involving multiple actors carrying out the claimed steps of a method patent where no single accused infringer has performed all the steps. The opinion stems from a series of cases between Travel Sentry ....... Read More

Patent Application Filed for 'Take Me Home' Spacesuit
December 20, 2017
Post by Gregory "Lars" Gunnerson

Post By Gregory "Lars" Gunnerson Two weeks ago,’s Space Insider Columnist Leonard David reported that the Charles Stark Draper Laboratory in Cambridge, Massachusetts has filed a patent application (Serial No. 15/164,264) for a self-return system to ensure spacewalking astronauts are safe. Draper’s research into spacesuits is funded by NASA. David explains that the self-return system det....... Read More

Survey Shows Academic Intellectual Property is Growing
December 19, 2017
Post by Patricia A. Sweeney - Of Counsel

Academic research effort continues to grow according to results from the annual survey of the Association of University Technology Managers (AUTM). The recently released survey of 195 universities, hospitals and other research institutions reflects increases in many areas of inventive efforts. The number of invention disclosures in 2016 increased 8.7% since 2012, and provisional patent application filings ....... Read More

Scandalous and Immoral Trademark Ban Ruled Unconstitutional
December 15, 2017
Post by Brandon W. Clark

Post By Brandon Clark Earlier today, the Federal Circuit ruled that the U.S. Supreme Court’s recent decisions striking down the Lanham Act’s ban on “disparaging” trademark registrations also means that barring “scandalous” or “immoral” trademarks is unconstitutional. The ruling came in a case filed by Erik Brunetti, who appealed to the Federal Circuit in late 2014 after the Trademark Trial and Appeal Board ref....... Read More

Copyright Small Claims Bill Introduced
December 14, 2017
Post by Brandon W. Clark

Post By Brandon Clark Copyright owners are one step closer to being able to pursue copyright infringement actions through a copyright small claims system. A new bipartisan House bill has introduced the Copyright Alternative in Small-Claims Enforcement Act of 2017 (“CASE Act”). The CASE Act, H.R. 3945, was recently introduced by Congressional representatives to create a small claims court within the US Copy....... Read More

Constitutionality of Inter Partes Reviews: A Look at Supreme Court Oral Arguments in Oil States
December 06, 2017
Post by Caitlin M. Andersen

Post By Caitlin M Andersen The enactment of the AIA in 2011, inter partes review (IPR), has been available as a method to challenge the validity of a patent in the US Patent and Trademark Office. A total of 6139 IPR petitions (92% of all petitions) have been filed with the Patent Trial and Appeals Board (PTAB) since that time. One of those challenges occurred when Green’s Energy Group, in response to lit....... Read More

December 01, 2017
Post by Christine Lebron-Dykeman

“It’s all a Twitter” If you spend a lot of time on Twitter… and these days it seems like everyone does, you have probably noticed an increase in the use of customized emojis/images—known as hashflags. The hashflag is automatically inserted by Twitter whenever a certain hashtag (#) is used, i.e., #ShareaCoke. Twitter first launched hashflags in 2010, but soon realized this was a gre....... Read More

Cancellation of a registered trademark for non-use soon could be easier
November 22, 2017
Post by Xiaohong Liu, Ph.D.

According to Chief Administrative Trademark Judge Gerard F. Rogers in his blog post on the Director’ Forum last week, PTO found out through a pilot program that “more than half of registrations being maintained include at least some goods or services for which the registered mark is not actually being used.” “These registered trademarks that are not actually in use in commerce unnecessarily block someone e....... 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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