No More Trademark MSCHF: Second Circuit Rules on Applicable Infringement Standard for Expressive Works

By Nicholas J. Krob

The Second Circuit Court of Appeals this week upheld a temporary restraining order and preliminary injunction against Brooklyn-based art collective MSCHF regarding its “Wavy Baby” shoe. Central to this case was the question of whether the Wavy Baby shoe—which is a “transformed” version of the iconic Vans Old Skool shoe—was a “work of artistic expression” […]

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Annual Report of the Patent Public Advisory Committee is Now Public.

By Heidi Sease Nebel

After a year of hard work and an unprecedented number of requests for comments, advanced notices of pubic rule making, interactions with Director Vidal, as well as a fee setting proposal for 2025, the annual report of the Patent Public Advisory Committee is now public.  For those who missed our public hearing November 30, the […]

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Improvements in the Brazilian Design Patent Practice

By Gregory Lars Gunnerson

Our esteemed colleagues at Daniel IP report to us that there are exciting new rules that have come into effect for designs in Brazil. They authored the following summary of the new laws. We believe this summary will be extremely useful to many U.S. Applicants considering protection in Brazil in the design space. We highly […]

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Deion Sanders seeks trademark protection related to various phrases

By Joseph M. Hallman

Deion Sanders, a Pro Football Hall of Famer, is currently wrapping up his first season as head coach of the University of Colorado Boulder football team. Head coaches at the highest level of college football regularly face challenges in year one at a new school. This often rang true for Coach Deion Sanders in his […]

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Sandra Day O’Connor, First Woman on The Supreme Court, Dies at 93

By Melissa M. Mitchell

Sandra Day O’Connor, the first woman to sit on the United States Supreme Court, has died at the age of 93 due to complications related to advanced dementia and a respiratory illness. As the first woman to serve on the nation’s highest court, Justice O’Connor shattered glass ceilings and paved the way for a more […]

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USPTO Disables First Office Action Estimator

By Gregory Lars Gunnerson

The USPTO has disabled the widely beloved First Office Action Estimator. The First Office Action Estimator was available to the public. It allowed many of our clients to check the status of their application without needing to communicate with us. The USPTO’s stated reasons for the disabling of the Estimator follow. “In fiscal year 2021, […]

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Taco Tuesday Trademark Battle is Over

By Julie L. Spieker

The Gregory Hotel, Inc. in New Jersey –  the last holdout in the Taco Tuesday trademark dispute – has voluntarily surrendered its trademark registration. Last May, Taco Bell filed a petition with the US Patent and Trademark Office (USPTO) to cancel a trademark for Taco Tuesday that rival chain Taco John’s, and the Gregory Hotel, […]

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The Supreme Court Will Finally Hear the “Trump Too Small” Trademark Case

By Ashley E. Holland

In June, the Supreme Court agreed to hear the trademark dispute over “Trump Too Small”. The Supreme Court will finally start hearing this case starting November 1, 2023. This case arose out of Steve Elster’s efforts to register the phrase “Trump Too Small” for printing on shirts. In attempting to register this trademark, the Examining […]

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How Cybersecurity Tabletop Exercises Can Help Your Business’ Cybersecurity Preparedness

By Sarah M.D. Luth

If your business was to experience a cyber incident today, are you confident that you have the tools and training to respond appropriately? If you have an incident response plan, are you certain that it will function seamlessly? Alternatively, if your organization lacks such a plan, do you know where to initiate the process? If […]

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Quality and Reputation Fuel Diesel Heater Dominance

By Brian D. Keppler, Ph.D.

Diesel heaters, known for their efficiency and reliability, have long been an integral component in a variety of applications ranging from motor vehicles to campers to boats, and even to static installations like cabins and workshops. These heaters utilize diesel fuel to produce heat, making them an ideal choice in environments where electricity might not […]

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