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PTO Issues Oral Hearing Guide for Patent Trial & Appeal Board Proceedings

USA - September 28 2023 On August 31, 2023, the US Patent & Trademark Office (PTO) published an Oral Hearing Guide to aid parties with oral arguments before the Patent Trial…

What’s Kühler Than Kühl? No Likelihood of Confusion

USA - September 28 2023 Addressing unfair competition claims under the Lanham Act, the US Court of Appeals for the Tenth Circuit concluded that no reasonable juror would…

Chilly Adventures: Design Patent Prior Art Comparison Applies to Article of Manufacture

USA - September 28 2023 Addressing a matter of first impression concerning the scope of prior art relevant to a design patent infringement analysis, the US Court of Appeals…

Standard Practice: The Public Has Right to Copyrighted Material Incorporated Into Law

USA - September 28 2023 In a case that attracted a slew of amicus curiae participation and was the most recent in the series of American Society for Testing and Materials…

Grubhub Relishes Victory Against Trademark Preliminary Injunction

USA - September 28 2023 Upholding the denial of a preliminary injunction motion in a trademark infringement dispute, the US Court of Appeals for the Seventh Circuit…

Head East: Contract Disputes Act Claims Must Be Filed in DC

USA - September 28 2023 The US Court of Appeals for the Ninth Circuit concluded that the Contract Disputes Act (CDA) “impliedly forbids” federal contractors from bringing…

Pre-Enforcement Commercialization Isn’t “Impossible” Basis for Personal Jurisdiction of Nonresident Defendant

USA - September 28 2023 The US Court of Appeals for the Ninth Circuit reversed a district court’s dismissal of trademark declaratory judgment claims, finding that…

Watermelon Sugar: Candy Shape and Color Deemed Functional

USA - September 21 2023 The US Court of Appeals for the Third Circuit upheld a district court’s decision that a candymaker cannot trademark the shape and colors of…

In Good Hands: Compilation of Publicly Available Information Can Still Be a Trade Secret

USA - September 21 2023 The US Court of Appeals for the First Circuit affirmed a district court decision, finding that a compilation of customer-related information, even if…

Tragic Ending: Award-Winning AI Artwork Refused Copyright Registration

USA - September 21 2023 The US Copyright Office (CO) Review Board rejected a request to register artwork partially generated by artificial intelligence (AI) because the work…