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This Week in Intellectual Property History

Anthony A. Coppola, Esq. On April 19, 1939 John Steinbeck’s novel, “The Grapes of Wrath” was copyright registered Steinbeck was born on February 27, 1902 in Salinas, California.  After graduating from Salinas High School in 1919, Steinbeck attended Stanford University. Originally an English major, he pursued a program of independent study and his attendance was…

SUPREME COURT – EQUITABLE DEFENSE OF LACHES UNAVAILABLE TO DEFEAT CLAIM OF PATENT INFRINGEMENT

Anthony DiFilippi, Esq. In SCA Hygiene Products AB v. First Quality Baby Products LLC, Case No. 15-927 (Mar. 21, 2017), the United States Supreme Court held that “[l]aches cannot be interposed as a defense against damages where the infringement occurred within the period prescribed by [35 U.S.C.] § 286.” The Supreme Court relied on its…

USPTO Enacts Post-Registration Audit Program

Frank Terranella, Esq. The USPTO has instituted a permanent audit program under which it will conduct random audits of at least 10% of all maintenance and renewal filings to assure that the goods and services claimed are actually in use As part of the review of the selected filings, in addition to the one specimen…

February 2nd, 2017 news No Comments Continue Reading »

ABELMAN, FRAYNE AND SCHWAB PRODUCES A MAJOR TRADEMARK WIN — TTAB DISMISSES OPPOSITION TO TEQUILA CERTIFICATION MARK.

Marie Anne Mastrovito, Esq. Following a lengthy Opposition proceeding, the Trademark Trial and Appeal Board (“Board”) found in favor of our client and held that TEQUILA may be registered as a geographic certification mark in the United States. The 75 page decision (including a 12 page appendix) which issued on January 23, 2017, was the…

February 1st, 2017 news No Comments Continue Reading »

DMCA – Reduced Fee for Share Harbor Paperless Agent Designators

Jeffery A. Schwab, Esq. Effective December 1, 2018 a less expensive and more reliable process is available to passive internet service providers that avail themselves of the benefits of safe harbor provisions of DMCA arising out of having an agent designated for take down notices. In an effort to provide more easily accessible current information…

November 28th, 2016 news No Comments Continue Reading »

GUIDANCE FROM THE FEDERAL CIRCUIT ON RAND LICENSE ROYALTIES

Charles Stein, Esq. Devices manufactured by different companies can often work together because they adhere to standards established by industry groups. Where the standards are based upon patented subject matter (“standard essential patents” or “SEPs”), the standard-setting groups typically require that the patentee establish reasonable and non-discriminatory (RAND) terms for licensing its technology. In patent…

ICANN: Life After Fadi Chehadé

In an article entitled “ICANN: Life After Fadi Chehadé” and published in Trademarks & Brands Online, Greg Shatan, an Abelman Frayne & Schwab partner and President of the Intellectual Property Constituency of ICANN, discusses the future for the Domain Name System controller after the resignation of its CEO, Fadi Chehadé.  

BREAKTHROUGH TECHNOLOGY CAN BE PATENT INELIGIBLE

Norman Hanson, Esq. Even breakthrough technology can be patent ineligible. On June 12, 2015, the Court of Appeals for the Federal Circuit issued its opinion in Ariosa Diagnostics, Inc. v. Sequenom, Inc. This decision included a majority opinion by two of the three judges on the panel, and a “concurrence” that signal an extremely restrictive…

NEW PODCAST ON TRADEMARKS IN THE ONLINE WORLD

Our partner Greg Shatan was featured in the inaugural World Trademark Review podcast, released October 22, discussing whether trademark law is “fit for purpose” in the online world. The podcast is discussed in the World Trademark Review blog, which quotes Greg as saying that while he “has ‘no love for people who send out frivolous…

Abelman Partner speaking at “State of the Net 2016”

Our partner Greg Shatan will be speaking at the 12th Annual State of the Net conference in Washington, DC on Monday, January 25, 2016. State of the Net is America’s premier Internet policy conference series, bringing together thought leaders and key participants from government and the private sector to explore the potential of the global…