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How Energy Drink's "Purple Rain" Trademark Application Was Rejected Image

How Energy Drink's "Purple Rain" Trademark Application Was Rejected

Bridget H. Labutta

Despite the fact that the trademark manual of examining procedure (TMEP) are readily available and searchable online, there are still a large number of applications that trademark examiners and judges must reject because the application does not conform to one or more conditions set forth in the Lanham Act or TMEP.

Features

Medical Technology: Recent Decisions At the Federal Circuit and the Patent Trial and Appeal Board Image

Medical Technology: Recent Decisions At the Federal Circuit and the Patent Trial and Appeal Board

James W. Soong

Recent developments at the Federal Circuit and the USPTO may inform evolving patent strategy on medical technology.

Features

WEBINAR: AI & Intellectual Property Image

WEBINAR: AI & Intellectual Property

The Intellectual Property Staff

Owners of intellectual property should be aware of how their works are used by generative AI models and the users of these tools, and timely action should be taken to defend intellectual property against infringement. Join LJN for a free webinar on Nov. 9.

Columns & Departments

IP News Image

IP News

Jeff Ginsberg and George Soussou

Federal Circuit: The Comparison Prior Art Has to be Within the Proper Scope Federal Circuit: More Than Describing Trial and Error Is Needed for Enablement

Features

WEBINAR: AI & Intellectual Property Image

WEBINAR: AI & Intellectual Property

Entertainment Law & Finance Staff

Owners of intellectual property should be aware of how their works are used by generative AI models and the users of these tools, and timely action should be taken to defend intellectual property against infringement. Join LJN for a free webinar on Nov. 9.

Features

Federal District Court Denies Copyright to Visual Art Piece Generated Solely By Artificial Intelligence Image

Federal District Court Denies Copyright to Visual Art Piece Generated Solely By Artificial Intelligence

Richard L. Hathaway

In August, the U.S. District Court of the District of Columbia affirmed the U.S. Copyright Office's denial of a copyright application for a visual piece of art generated entirely by an artificial intelligence-driven computer called the "Creativity Machine." Recognizing that U.S. "copyright law protects only works of human creation," the court determined that the Copyright Office "acted properly in denying copyright registration for a work created absent any human involvement."

Features

Protecting Artificial Intelligence Inventions: Takeaways from 'IBM v. Zillow' from a Patent Drafting Perspective Image

Protecting Artificial Intelligence Inventions: Takeaways from 'IBM v. Zillow' from a Patent Drafting Perspective

Xuechen (Rebecca) Ding & Aseet Patel

Part One of a Two-Part Article This two-part article sheds light on several important aspects of patents on AI technology. In Part One, we provide a general overview of the IBM v. Zillow lawsuit and discusses strategies to diversify patent portfolios to maximize protection on AI-related technology.

Features

The Presumption of Irreparable Harm After the Trademark Modernization Act Of 2020: The Good, the Bad and the Ugly Image

The Presumption of Irreparable Harm After the Trademark Modernization Act Of 2020: The Good, the Bad and the Ugly

Christopher P. Bussert

This article explores developments (both positive and negative) in the post-TMA world in which courts have wrestled with implementation of the presumption of irreparable harm in trademark cases.

Features

Trade Secret Protection for Consumer-Facing Products Image

Trade Secret Protection for Consumer-Facing Products

Stephen M. Kramarsky & John Millson

Intellectual property laws, including copyright, patent, trademark and trade secret laws can provide avenues for companies to protect their IP. But it's not always clear what assets are protectable and what are not.

Features

How Far Can You Reach? The Territorial Limits of Lanham Act Infringement and False Designation of Origin Claims Image

How Far Can You Reach? The Territorial Limits of Lanham Act Infringement and False Designation of Origin Claims

Howard Shire & Sean McConnell

On June 29, 2023, the U.S. Supreme Court set new geographic limits for infringement and false designation of origin claims raised under Sections 1114 and 1125(a) of the Lanham Act. Given the global nature of business today, the decision highlights the need for trademark owners to continually reassess and, perhaps, expand their international trademark registration strategy as product lines and brands become more international in scope.

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