A new decision by the Ninth Circuit Court of Appeals highlights the risks brand owners face when adopting a new trademark that also happens to correspond to an Internet domain name already registered to someone else.
In what looks to be the first application of New Process Steel v. NLRB by a court of appeals, on June 23, 2010, the Second Circuit denied the NLRB's petition for enforcement of an order issued by the 2-member Board.
In Epistar Corp. v. International Trade Commission, No. 07-1457 (Fed. Cir. May 22, 2009), the Federal Circuit affirmed the ITC’s claim construction but reversed the ITC’s estopping Epistar Corporation (“Epistar”) from arguing invalidity of the patent-in-suit and remanded for reconsideration.
California has a strict code section that declares that covenants not to compete are unlawful except in limited circumstances.
The Federal Circuit recently weighed in on the ability of the U.S. Patent and Trademark Office (USPTO) to effect proposed controversial changes to the rules under which patent applications can be prosecuted.