Article
New Guidelines For Patent Subject Matter Eligibility From The USPTO
On January 7, 2019, the new guidelines for patent subject eligibility went into effect at the United States Patent and Trademark Office ("USPTO").
Smith Gambrell & Russell
- Article
New Legislation Enhances Customs & Border Patrol's Enforcement Of Intellectual Property Rights
The Act was introduced in the House of Representatives by Tom Reed [R-NY] on February 2, 2015, and a similar version was introduced in the Senate by Orrin Hatch [R-UT] on May 11, 2015.Smith Gambrell & Russell - Article
Trademark Enforcement Hampered By Disappearance Of Whois Data
The biggest recent development involving ICANN results from the general data protection regulation known as GDPR and the regulation which became fully effective on May 25, 2018Smith Gambrell & Russell - Article
Turning Over A New Leaf – Registration Of Cannabis Trademarks
The cannabis business is booming as states continue to legalize marijuana for both medical and recreational use. However, when it comes to trademark registrationSmith Gambrell & Russell - Article
United States District Court For The Eastern District Of Virginia Orders USPTO To Register Booking.Com As A Protected Trademark
In 2012, Booking.com B.V. ("Booking.com") filed four trademark applications for the mark Booking.com for services in class 39 – travel agency services – and class 43 – making hotel reservations.Smith Gambrell & Russell - Article
Update On USPTO And U.S. Copyright Office Extensions And Adjustments
On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which provides, in part, the United States Patent and Trademark Office (USPTO)...Smith Gambrell & Russell - Article
Victory At The Trademark Trial And Appeal Board: National Grange Succeeds In Opposing NEWGRANGE PRESS Application Based On Prior Trademark Rights
On February 16, 2017, the Trademark Trial and Appeal Board sustained our client's, the National Grange of the Order of Patrons of Husbandry, opposition of the trademark application for the mark NEWGRANGE PRESS.Smith Gambrell & Russell - Article
Will The Patent Venue Statute Be Reinterpreted?
Heartland, is an Indiana limited liability company that is not registered to do business in Delaware and does not have any regular or established place of business in Delaware.Smith Gambrell & Russell - Article
Diversity Jurisdiction, The Amount In Controversy, And Removal: A Defendant's Burden
In a lawsuit between parties located in different states, a plaintiff sometimes try to keep the case in the state court by being cagey about defining their damages...Smith Gambrell & Russell - Article
Hit By Falling Towel Dispenser – Res Ipsa Loquitur: "The Thing Speaks For Itself"
Res ipsa loquitur is the Latin phrase describing a legal doctrine that infers negligence from the very nature of an accident or injury in the absence of any...Smith Gambrell & Russell - Article
How Much Is That Doggie In The Window? The Georgia Supreme Court Looks At The Measure Of Damages For A Lost Pet
The Georgia Supreme Court addressed how to properly measure the damages available to the owners of an animal killed through the negligence of others.Smith Gambrell & Russell - Article
The Eleventh Circuit Takes A Hard Look At Standing
Article III of the U.S. Constitution provides that federal courts can decide "cases" and "controversies."Smith Gambrell & Russell - Article
The Georgia Supreme Court Again Looks At The Apportionment Of Fault Among Tortfeasors
The Zaldivar case arose out of a traffic accident. Each party blamed the other for the collision.Smith Gambrell & Russell - Article
The "Paper Street Rule" Meets The "Practical Location Doctrine" At The Intersection Of Centre Avenue And Bay 43rd Street
Street parking space is an extremely valuable commodity in New York City, in general, and in densely populated residential neighborhoods, in particular.Smith Gambrell & Russell - Article
What Happens When The Designated Arbitrator Is Unavailable
The United States Court of Appeals for the Eleventh Circuit decided how a court should respond to an arbitration agreement when the arbitrator designated in the agreement does not exist.Smith Gambrell & Russell - Article
ICANN Updates: Access To Domain Name Registrant Data Post-Blackout
As stated previously, the implementation of the European Union (EU) General Data Protection Regulation (GDPR) has created significant issues for brand ownersSmith Gambrell & Russell - Article
Lindsay Lohan "Takes-Two" Appellate Losses
New York's privacy laws are codified in Article 5 of its Civil Rights Law.Smith Gambrell & Russell - Article
Collecting Arrears – When Owners Fail To Pay
Most cooperative and condominium apartment owners pay their monthly fees and assessments in full and on time.Smith Gambrell & Russell - Article
The Concrete (Legal) Jungle
Serge Somrov purchased apartment 7A at the Bay Parkway Terrace Condominium. After moving in Somrov replaced the floor of the terrace with Board approval.Smith Gambrell & Russell - Article
Work Contemplated By Lease: Not An Actual Or Constructive Eviction
Fieldstone Capital (landlord) filled a summary (non-payment) proceeding against Ryan & Conlon (tenant). And Ryan & Conlon asserted that it did not owe rentSmith Gambrell & Russell
