Obtaining Copyright Registrations for Blogs and Social Media Posts Just Got Easier

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Online content creators including bloggers and social media influencers are now able to take advantage of a new group copyright registration option for short online works such as blog entries, social media posts, and other short online works. The Copyright Office recently adopted the rule implementing this new group registration to help ease the burden […]

EPA Provides Draft Guidance for Regulation of Gene Edited Plants

By Cassie J. Edgar

Background Although the USDA gets the most attention related to the regulation of gene edited plants, in the United States products of biotechnology are regulated by the USDA, FDA and EPA under the Coordinated Framework for the Regulation of Biotechnology, updated most recently in 2017. Under this framework, the USDA, FDA and EPA each regulate in […]

Jury Orders Mongols Motorcycle Club to Forfeit Trademark

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The Mongols Nation motorcycle club was recently convicted of violations of the Racketeer Influenced and Corrupt Organization Act (RICO) resulting in a California federal jury ordering the motorcycle club to forfeit its trademarked logo based on links between the image and the criminal activities carried out by the group. The imagine incorporates the motorcycle club’s […]

The Plant Naming Conundrum … Protecting Your Plant Varieties in the Short and Long Term

By Christine Lebron-Dykeman

Development of a new plant cultivar or varietal often requires substantial research and development. These costs can be recovered, however, if a breeder is able to successfully market, sell and/or license the resulting product, while maintaining exclusive ownership rights therein.  There are, of course, a variety of intellectual property protection schemes available to maintain those […]

USPTO Heightens Post-Registration Requirements for Trademarks

The U.S. Patent and Trademark Office (USPTO) has recently made changes to the post-registration requirements for U.S. trademark registrations. Effective March 21, 2017, the USPTO will implement a post-registration audit program intended to obtain additional evidence and ensure accuracy of claims that a trademark is in use in commerce in connection with the goods/services listed […]

USPTO Data Visualization Center

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 […]

The Importance of Deposit Copies in Copyright Litigation

Two of the most notorious copyright litigation cases in recent years share one thing in common, neither jury was allowed to compare the audio recordings of the songs in question. The rulings in both the “Blurred Lines”and “Stairway to Heaven”cases show how important it is to file accurate and complete deposit copies with the US […]

Trademarks in China

Apple recently lost what may turn out to be a significant trademark infringement case in China. Apple, having a registration for the mark “IPHONE”in international class (IC) 9, opposed Xintong Tiandi Technology (Beijing) Co., Ltd.’s trademark application for the mark “IPHONE”in IC 18 covering leather goods, including cell phone cases. Apple argued that the IPHONE […]

Who owns the Trademark: Distributor v. Manufacturer

The Trademark Trial and Appeal Board (TTAB) has previously held that in the absence of an agreement between a manufacturer and a distributor, there is a legal presumption that the manufacturer is the owner of the trademark. The presumption that the manufacturer is the owner of a disputed mark may be rebutted. In determining which […]

USPTO Cancels Washington, D.C. NFL Franchise’s Trademark Registrations

The United States Patent and Trademark Office issued a decision yesterday cancelling six federal trademark registrations owned by the Washington, D.C. National Football League franchise. The cancellation proceeding was brought by five Native American petitioners on the basis that the marks disparage persons or bring them into contempt or disrepute in violation of 15 U.S.C. […]