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  • Article

    Miss Thee, Kate! A TTAB Victory For The Royals

    Fame is a mystery. Sometimes it attaches to people understandably, at others awkwardly.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Pinterest Spurs Online Sales - And Trademark Risks

    Launched in 2010 by Cold Brew Labs Inc., online scrapbooking site Pinterest has become one of the fastest-growing social media websites of all time.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    That’s A Fact, Tack You Very Much

    Tacking is a principle in trademark law that permits owners of a mark to make changes to it while retaining the priority date of the original.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    A (Free) Birthday Present For Everyone?

    The Court's decision turned on what it deemed as the failure of the purported author of the lyrics to assign her rights to the lyrics to Warner/Chappell's successor in interest.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Confused? Just The Carfax, Ma'am! TTAB Red-Lights Triple A's Laches and Estoppel Claims in Post-Hargis Ruling

    In its ruling, the TTAB seemed rather harshly to dismiss AAA's laches and estoppel defenses.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Death, Taxes, And Trademark Abandonment: Trademark Transition Strategies

    This article recommends strategies for avoiding or delaying abandonment of a trademark after a name change, as well as for keeping third parties from adopting the mark if abandonment cannot be avoided.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    PTAB Designates Five Opinions As Precedential

    On May 9, 2016, the Patent Trial and Appeal Board ("the Board" or "PTAB") provided additional guidance to patent owners and potential petitioners by designating 5 opinions as precedential, increasing the number of precedential opinions from 3 to 8.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    PTAB Designates Five Opinions at Precedential

    On May 9, 2016, the Patent Trial and Appeal Board ("the Board" or "PTAB") provided additional guidance to patent owners and potential petitioners by designating 5 opinions as precedential, increasing the number of precedential opinions from 3 to 8.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Federal Circuit Repairs 'Cracked' Pretzel Logic

    Vacates TTAB decision on pretzel crisps, remands under Marvin Ginn
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    When You and Your Contingency Fee Client Disagree

    Congratulations. Your big contingency fee case is set for trial within weeks. It’s taken you three years to get to this point – dozens of depositions, discovery battles, summary judgment motions, and multiple Daubert challenges.
    United StatesLitigation, Mediation & Arbitration
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    USPTO Updates Examiners On Subject Matter Eligibility Decisions

    On May 19, 2016, Robert Bahr, Deputy Commissioner for Patent Examination Policy of the U.S. PTO sent a memorandum to the Patent Examining Corps that discusses the recent decisions issued by the U.S. Court of Appeals for the Federal Circuit.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    I Can Haz Copyright Infringement? Internet Memes And Intellectual Property Risks

    Internet memes—those attention-getting images, videos, and catchy phrases that whip across the Internet via email and social media—have long been a part of online culture.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Renewed Perils From "Zeroing Out" A Corporation At Year-End

    One option for professional corporations is to pay a "reasonable" dividend of some amount to its shareholders.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    Digital Files Imported via Internet Are Not Articles Under 19 U.S.C. 1337(a) At ITC

    While the majority opinion may seem to provide a sweeping pronouncement regarding the jurisdiction of the ITC, the decision is limited by the facts of the case and its practical effect may be quite limited.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Pinning Your Company's Hopes on Pinterest

    Launched in 2010 by Cold Brew Labs Inc., Pinterest is one of the fastest-growing social media websites of all time.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Pinning Your Company’s Hopes On Pinterest - IP Issues When Creating a Corporate Pinterest Account

    Launched in 2010 by Cold Brew Labs Inc., Pinterest is one of the fastest-growing social media websites of all time.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    AIA Litigation Strategies

    The conversion from the longstanding first-to-invent system to a first-inventor-to-file system for granting patent rights may be the most significant change in legal practice to be imposed by the Leahy-Smith America Invents Act (AIA).
    United StatesFood, Drugs, Healthcare, Life Sciences
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Why ITC Is Still A Good Venue For Patent Disputes

    The U.S. International Trade Commission is the federal agency tasked with investigating violations of Section 337 of the Tariff Act of 1930.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    The Trademark Clearinghouse (TMCH) What You Need To Know

    Applications for new gTLDs were filed in 2012 in the following categories...
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione
  • Article

    Corning v. PPC Broadband: Technological Context Informs Claim Construction; Preambles Do Not

    In fact, the Corning Federal Circuit decision appears to be the first time the court reversed the PTAB for its treatment of the preamble.
    United StatesIntellectual Property
    Brinks Gilson & Lione
    Brinks Gilson & Lione

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