Abelman Frayne & Schwab has broad experience in all major industry groups, including apparel, alcoholic beverages, automotive, chemical, cosmetics, computers, electronics, entertainment, financial services, foods, hotel services, petroleum, pharmaceuticals, publishing, real estate, retail telecommunications, and toys.
A LEADING IP LAW FIRM
January 11th, 2018 News, Recent News No Comments
Free Speech and Registration of Disparaging, Immoral or Scandalous Marks
Michael Schwab, Esq. On December 15, 2017 a three-judge panel of the Court of Appeals for the Federal Circuit (“CAFC”) held that Section 2(a) of the Lanham Act, which prohibits registration of a trademark that is immoral or scandalous, violates the First Amendment and is, therefore, unconstitutional. In re Brunetti, Appeal No. 2015-1109 (Fed. Cir….
June 21st, 2017 News, Recent News No Comments
Supreme Court Holds the Lanham Act’s Bar on Registration of Disparaging Marks Unconstitutional
Michael J. Schwab, Esq. On June 19, 2017 the United States Supreme Court held that Section 2(a) of the Lanham Act (“Section 2(a)”), which prohibits registration of a trademark that may disparage people, “institutions, beliefs or national symbols,” violates the First Amendment and is, therefore, unconstitutional. The decision was unanimous, but the justices divided over…
June 16th, 2017 News, Recent News No Comments
Supreme Court Provides Some Clarify to BPCIA Patent Dance
Jeffrey A. Schwab, Esq. On June 12, 2017 in Sandoz v. Amgen the Supreme Court decided two issues concerning the Biologics Price Competition And Innovation Act of 2009 (BPCIA). It is now clear that the 180 day notice required before the date of first commercial marketing of a biologically equivalent drug can be given prior…
June 9th, 2017 News, Recent News No Comments
Supreme Court Reverses Federal Circuit on the Issue of Patent Exhaustion – Impression Products, Inc. v. Lexmark International, Inc.
Anthony Coppola, Esq. On May 30,, 2017 the Supreme Court made it clear that “a patentee’s decision to sell a product exhausts all patent rights in the product regardless of any restrictions the patentee purports to impose or the location of the sale”, i.e., in the U.S. or elsewhere. Impression Products, Inc. v. Lexmark International,…