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USPTO Enacts Post-Registration Audit Program

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 of use per…

February 2nd, 2017 news No Comments Continue Reading »

Abelman, Frayne And Schwab Produces A Major Trademark Win — TTAB Dismisses Opposition To TEQUILA Certification Mark

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 first precedential Board decision…

February 1st, 2017 news No Comments Continue Reading »

DMCA – Reduced Fee for Share Harbor Paperless Agent Designators

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 the Copyright Office has…

November 28th, 2016 news No Comments Continue Reading »

This Week in Intellectual Property History

On June 28, 1955, Angostura Bitters Ltd. received a registration for their brand of aromatic bitters used to flavor drinks: ANGOSTURA® aromatic bitters is a highly concentrated food and beverage flavouring. Made from a secret formula, it is a unique blend of natural herbs and spices that is used to flavour a wide variety of…

Federal Circuit Issues En Banc Unanimous Decision On The Law Of Divided Infringement

On August 13, 2015, the United States Court of Appeals for the Federal Circuit issued its decision in Akamai Technologies, Inc. v. Limelight Networks, Inc., a case remanded from the US Supreme Court relating to the law of infringement, and what happens when elements of the patent claims are performed by multiple actors. In Akamai,…

Increased Legal Protection For “Spirit Drinks” From Ireland

On July 27, 2015 the Minister of Agriculture, Food and the Marine in Ireland introduced new regulations to strengthen the protection of the geographical integrity of Irish spirit drinks. The regulation becomes effective on October 30, 2015. A geographical indication (GI) is a sign used to indicate regional origin of particular goods or services.  In the…

Biologic Price Competition And Innovation Act “Patent Dance” Clarified

Amgen vs. Sandoz provides the first substantive appellate interpretation of what is generally referred to as the “patent dance” under the Biologics Price Competition and Innovation Act of 2009 (BPCIA).  The July 21, 2015 decision by the Federal Court establishes definitive guidelines regarding patent challenge procedures under the BPCIA. The ruling will result in “biosimilar”…

In The EUAn Accurate Ingredient List Does Not Bar A Claim That A Food Label May Be Misleading

On June 4, 2015 the European Court of Justice (“ECJ”) issued a “preliminary ruling” clarifying the standard used to determine if a food label misleads consumers.  Bundesverband der Verbraucherzentralen und Verbraucherverbände v. Teekanne GmbH & Co. KG, No. C-195/14 (E.C.J., order entered June 4, 2015).  According to the ECJ, the list of ingredients on a…

Abelman, Frayne & Schwab Prevails On Motion For Civil Contempt Filed On Behalf Of Sportco, Inc.

On June 25th, 2015, Judge John Gleeson of the Federal District Court for the Eastern District of New York, granted a Motion for Civil Contempt filed by Abelman, Frayne & Schwab on behalf of its client, Sportco, Inc. against TRT Tactical, LLC. In November 2014, Sportco had entered into a Consent Judgment (settlement agreement) with…

BRI – “Reasonable Has Meaning”

The Federal Circuit has provided additional clarification about how “broadest reasonable interpretation” (BRI) is to be applied in Inter Partes Review (IPR) proceedings, bringing BRI claim interpretation standards closer to those applied by the courts. In its June 16, 2015 Decision in Microsoft Corporation vs. Proxyconn, Inc., the Federal Circuit clarified the BRI standard used…