ARTICLE · 03 OCTOBER 2013

IP Buzz - September 2013

Venable LLP

Explore more from Venable LLP

Janet Satterthwaite co-authored the U.S. section of a global guide to the law of trademarks and free speech and fair use and served as the native English-language speaking editor for the entire guide.

United StatesIntellectual Property

Meaghan Hemmings Kent

Elissa Brockbank Reese

IP LEGAL NEWS AND UPDATES

Janet Satterthwaite Co-authors U.S. Chapter on Global Guide to Free Speech and Fair Use in Trademarks

Janet Satterthwaite co-authored the U.S. section of a global guide to the law of trademarks and free speech and fair use and served as the native English-language speaking editor for the entire guide. The guide is a project of Marques, the European Trademark Owners' Association.

Federal Circuit Reiterates Standards for Invalidating Design Patents

Martin L. Saad and Meaghan Hemmings Kent

On September 11, 2013, the Court of Appeals for the Federal Circuit reiterated certain standards for determining invalidity of design patents. In High Point Design LLC v. Buyer's Direct, Inc., plaintiff Buyer's Direct, Inc. claimed that Defendant High Point Design infringed its design patent and its trade dress in a fuzzy slipper design. The Federal Circuit, in reviewing this determination, reversed and remanded, and in doing so,

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

IP Infringement: What Steps Can You Take If You're Affected?

United StatesIntellectual Property

Scarinci Hollenbeck LLC

Federal Circuit Affirms Invalidity Challenge To Scientifically Impossible Claim Language On Enablement Grounds

United StatesIntellectual Property

Finnegan, Henderson, Farabow, Garrett & Dunner LLP

A $1.5 Billion Warning: What Bartz Means For AI Companies

United StatesIntellectual Property

Intellectual Property Report

United StatesIntellectual Property

Baker Botts L.L.P.

Trade Secret And Copyright Claims Are Not Mutually Exclusive In Software Disputes

United StatesIntellectual Property

Goodwin Procter LLP

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Intellectual Property
- Trademark
- Patent

Related Comparative Guides

Comparative Guide

Franchise & Licensing

Comparative Guide

Trademark Disputes

Comparative Guide

Intellectual Property

Comparative Guide

Patent Litigation

See more popular content from

Intellectual Property

Denying Cancellation Petition, TTAB Finds That Roman Atwood's "SMILE MORE" Functions As A Mark

The Board dismissed this petition for cancellation of Roman Atwood's registration for the mark SMILE MORE for various goods (stickers, backpacks, shirts) and for retail store service featuring clothing, denying petitioner's claim that the term fails to function as a mark.

United StatesIntellectual Property

Wolf Greenfield & Sacks

Empowering Customers To Sell An Exonerated Accused Product

The Federal Circuit reaffirmed that the 1907 Supreme Court decision in Kessler v. Eldred is binding precedent that controls a preclusion analysis unless and until the Supreme Court overrules it.

United StatesIntellectual Property

McDermott Will & Emery

Transatlantic Top Tips: Series Of Intellectual Property Videos

Intellectual property is central to almost everything we do, as businesses or individuals. As a result, intellectual property rights are important assets to most modern businesses.

United StatesIntellectual Property

Womble Bond Dickinson

Pryor Cashman Team Recognized For Outstanding Trademark Practice

Top global brands, famous content creators, and media moguls know the best protection they can secure for their products is Pryor Cashman representation.

United StatesIntellectual Property

Pryor Cashman LLP

UMG v. DistroKid: When AI Becomes A Consumer Protection Issue

Universal Music Group's lawsuit against DistroKid raises a critical question about AI disclosure in consumer markets: when does the use of artificial intelligence become material information that must be disclosed to consumers? The case centers on allegations that DistroKid distributed mass-generated AI music while creating the impression it was created by legitimate human artists, potentially violating existing consumer protection laws even without specific AI disclosure requirements.

United StatesIntellectual Property

Frankfurt Kurnit Klein & Selz PC

PTAB/USPTO Update - October 2026

The USPTO has released new templates and guidance for AIA trial proceedings, announced key appointments including a Chief AI Officer, and published updated procedures for patent applications and subject matter eligibility declarations. Director Squires delivered multiple addresses emphasizing the constitutional importance of intellectual property rights while the agency expanded its community engagement efforts and international collaboration through WIPO's Global IP Assignment Platform pilot program.

United StatesIntellectual Property

The Trademark Scam Field Guide: Look-Alike Filing Sites, Fake USPTO Notices, And How To Get Out If You’ve Been Caught

A business decides to file a trademark. Someone on the team searches for a familiar online legal-services brand, clicks the first result, and lands on a site with a similar-sounding name, a polished design, five-star reviews, and a low flat fee. The application gets filed. Months later the business learns the “service” was not who they thought it was, the filing was signed by someone with no authority to sign it, and the USPTO has suspended the application along with hundreds or thousands of others from the same shop.

United StatesIntellectual Property

ICANN Announces Reveal Day And Key Deadlines For 2026 New GTLD Round

On Oct. 7, 2026, at 18:00 UTC, the Internet Corporation for Assigned Names and Numbers (ICANN) will publish every new generic top-level domain (gTLD) application proceeding in the 2026 new gTLD Round, including who applied...

United StatesIntellectual Property

Greenberg Traurig

Is This Real? Navigating AI Impersonation Under New And Existing Laws

Is this AI-generated, or is it real? As generative AI tools have become increasingly capable of creating realistic images, videos, and audio, they have also made it easier to impersonate real people without their consent. In response, states are increasingly adopting laws that impose civil and criminal liability for certain AI-generated content that replicates an individual’s identity, likeness, voice, or other personal attributes.

United StatesIntellectual Property

Bots Need Not Apply: Copyright Office Report On Human Authorship Requirements (Video)

The U.S. Copyright Office recently released a report on the human authorship requirement for materials to qualify for copyright protection.

United StatesIntellectual Property

Lowenstein Sandler LLP