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  • Article

    The Lanham Act: Beyond Borders

    In recent months, the Ninth Circuit and Fourth Circuit have issued important rulings about how the Lanham Act, with its jurisdiction limited to issues involving U.S. commerce, can be expanded in a world economy that...
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    IP In Depth: Avoiding Unnecessary Disclosures In Patent Applications

    The distinction between disclosing how to practice an invention and explaining how an invention works is important to understand when drafting patent applications.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Biltmore's Mark Gets Lost In Traduzione (Translation)

    Give the judges at the Trademark Trial and Appeal Board a little wine — and look what happens!
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    A Mile In These Shoes Might Be Uncomfortable

    Could a couch potato mistake his cushy and comfortable shoes for the high-tech shoe wear of the athletes he watches on television?
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Lee v. Tam: Supreme Court Hears Oral Arguments On Lanham Act Section 2(A) Prohibition Of Registration Of Disparaging Marks

    Earlier this month, the Supreme Court of the United States heard oral arguments in Lee v. Tam to examine the constitutionality of Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a).
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Not Only Alive And Well — But Full Of Energy

    Defendants enjoined from use of an infringing trademark make only de minimis changes to the infringing product to present the appearance of compliance with a court's order.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Passed House Of Representatives Bill May Affect The Burden Of Persuasion For Patentability Of Amended Claims In IPRs

    The U.S. House of Representatives recently passed a bill that, if enacted, could make it easier for patent owners to amend their claims during post-grant proceedings such as inter partes reviews (IPR).
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Pole Dancer Takes On Black Belt At TTAB

    Colorful (and scant) costumes! Gravity-defying moves! Posturing, combat — and cries of cheating! Sounds like a match-up tailor-made for late-night TV, right?
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Will Standard Essential Patents Change the US Patent Litigation Landscape?

    Controversy concerning standard essential patents is not new.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Faster To Protection. Faster To Profits?

    Companies in today’s economy thrive on offering innovative products that differentiate them from those of competitors.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Have 'Public Interest Factors' Finally Come Of Age At The ITC?

    The US International Trade Commission has been giving more weight to public interest factors in recent times, as Carl Charneski explains.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Your Choice For Manufacturing Process: Either Patent It, Keep It Secret, Or Do Nothing

    Traditionally, a new manufacturing method was either patented or kept a trade secret.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    A Rose By Any Other Name? Not McSweet: TTAB Rules For McDonald's Family Of ‘McMarks’ Over Pickle Maker McSweet

    The USPTO's Trademark Trial and Appeal Board recently issued an interesting opinion in McDonald’s Corp. v. McSweet, LLC.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    New Supplemental Examination Procedure

    Effective September 16, 2012, patent owners can utilize a new "Supplemental Examination" proceeding to address potential issues affecting granted patent claims.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Streamlining Design Patent Applications Internationally

    Effective May 13, 2015, applicants can file international design patent applications in a single, standardized application via the USPTO designating any of more than 62 territories, including the U.S. and European Union (EU), and can receive the same effective filing date in each jurisdiction.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Time Runs Out On Omega

    At the end of April, the USPTO's (United States Patent and Trademark Office) Trademark Trial and Appeal Board (TTAB) issued what might on its face be an unexpected decision.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Do The "I"s Have It? Perhaps So

    Prior to the Trademark Trial and Appeal Board’s opinion in In re Tofasco of America, Inc., it appeared obvious that adding "i" to a generic term was not registrable (at least to everyone but Apple).
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Pulling Back The Curtain: The Federal Trade Commission's Study On Patent Assertion Entities

    On October 6th, 2016, the Federal Trade Commission (FTC) released a greatly anticipated study, the subject focusing on various Patent Assertion Entities' (PAE) business operations over a six year period.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    The PTO Argues Placing The Burden Of Persuasion On The Patent Owner To Demonstrate Patentability Of The Proposed Claims Is Not Contrary To 35 U.S.C. § 316(e)

    The Federal Circuit granted Aqua Product Inc.'s en banc rehearing request on August 12, 2016. In its order granting rehearing, the Federal Circuit requested the parties to address the following questions...
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Federal Circuit Redefines Law Regarding Induced Infringement Of Method Claims

    On August 31, 2012, the Federal Circuit issued its highly anticipated en banc decision regarding "Akamai Technologies, Inc. v. Limelight Networks, Inc." and "McKesson Technologies, Inc. v. Epic Systems Inc."
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione

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