Prosecution Pointer 147

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.

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.

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.

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

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.

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.

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.

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...

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.

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

The U.S. Department of Commerce's Bureau of Industry and Security issued guidance on May 31, 2026, clarifying licensing requirements for advanced computing items and AI technologies. The guidance maintains export restrictions for entities in certain countries while providing limited relief for data center operators, though questions remain about future regulatory direction. Companies must now strengthen their compliance programs and supply-chain due diligence as BIS continues to prioritize national security

The TAKE IT DOWN Act establishes a comprehensive legal framework targeting nonconsensual intimate imagery, including AI-generated content, by creating criminal penalties for knowing publication and imposing strict compliance obligations...

The Federal Circuit affirmed the PTAB's unpatentability finding for a patent related to selectively enabling data paths in memory systems. The court addressed challenges to the Board's reliance on prior art references and claim mapping, while rejecting procedural arguments about the adequacy of the Board's reasoning.

The FTC's amended COPPA Rule took full effect on April 22, 2026, imposing new substantive requirements on operators of child-directed websites and online services.

The Federal Circuit affirmed a district court's validity findings for Exelixis's Salt Patents related to its cancer drug Cabometyx, holding that disclosure of chemical name, formula, and crystalline structure provided adequate written description support. However, the Court dismissed MSN's appeal and vacated the non-obviousness finding for the '349 Patent after Exelixis unilaterally dismissed its cross-appeal, preventing MSN from opposing the adverse judgment.

Enhanced Privacy Definitions: The amendments to COPPA now include biometric identifiers such as fingerprints, iris patterns, and voiceprints, alongside government-issued identifiers like passport numbers...

The Supreme Court will decide whether subscribing to any good or service from a video provider—such as a newsletter—makes someone a "consumer" under the Video Privacy Protection Act, or whether only subscriptions to audiovisual content qualify. The case involves allegations that a website disclosed a user's video-viewing history through Facebook tracking pixels after the user signed up for an online newsletter, creating a circuit split on how broadly the VPPA's consumer protections should apply.

Recent patent litigation orders from the United States District Court for the District of Massachusetts reveal critical claim construction disputes and discovery rulings that shape the boundaries of patent enforcement. How do courts balance claim definiteness requirements with the practical realities of patent scope, and what standards govern third-party discovery in indirect infringement cases?

On May 27, 2026, the Superior Court of California held that subdivision (a) of California Penal Code § 638.51 does not apply to software on commercial websites. Plaintiff Brian Blaker sued Defendant NetScout, Inc., alleging the Defendant had violated § 638.51 of the California Invasion of Privacy Act by implementing a software development kit (SDK) on its website.

A New York federal court ruled that Rebel Creamery intentionally copied Van Leeuwen Ice Cream's distinctive packaging, resulting in a $23.785 million disgorgement order and mandatory redesign. The decision demonstrates how trade dress protection can extend to overall packaging aesthetics when individual elements combine to create a unique commercial impression, even when those elements might be commonplace in isolation.