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Searching Content indexed under Trademark by Mintz ordered by Published Date Descending.
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1
Navigating The Legalization Of Hemp Under The 2018 Farm Bill Involves Changes To The Issuance Of Federal Trademarks In The Cannabis Industry
Legalizing "hemp" under the Agricultural Improvement Act of 2018 has triggered an important change for the examination of federal trademark applications concerning cannabis and cannabis-derived goods and services.
United States
21 Jun 2019
2
Understanding The USPTO's Interpretation Of 35 U.S.C. § 112 For Computer-Implemented Functional Claim Limitations
Patent practitioners, inventors, in-house counsel, and patent examiners alike have been clamoring for more guidance on computer-implemented functional claim limitations invoking § 112(f) since the Federal Circuit's en banc ...
United States
21 Jun 2019
3
Supreme Court Adopts A "Rejection-As-Breach" Rule To Allow Licensee To Continue To Use Trademark Following Debtor's Rejection Of License
On May 20, 2019, the United States Supreme Court ruled that a debtor-licensor's ‘rejection' of a trademark license agreement under section 365 of the Bankruptcy Code does not terminate the licensee's rights...
United States
10 Jun 2019
4
The FUCT Mark: Is The Prohibition On Scandalous Marks Unconstitutional?
The constitutionality of yet another portion of Section 2(a) of the Lanham Act will soon be determined.
United States
26 Mar 2019
5
Supreme Court To Decide Whether Debtors Can Terminate A Licensee's Rights To Trademarks Under License Agreements
The United States Supreme Court has agreed to address "[w]hether, under §365 of the Bankruptcy Code, a debtor-licensor's ‘rejection' of a license agreement
United States
31 Jan 2019
6
Significant 2018 Trademark Decisions
This year the Supreme Court, United States Court of Appeals for the Federal Circuit, and the Circuit Courts penned a number of opinions impacting trademark law.
United States
15 Jan 2019
7
Brewery Defeats Trademark Opposition By Conservative Public Figure Phyllis Schlafly
Relatives of the late conservative political activist, Phyllis Schlafly, lost their appeal to prevent the Saint Louis Brewery, LLC ("the Brewery") from trademarking the Schlafly name in connection
United States
21 Dec 2018
8
Supreme Court To Decide Whether Debtors Can Terminate A Licensee's Rights To Trademarks Under License Agreements
The United States Supreme Court has agreed to address "[w]hether, under §365 of the Bankruptcy Code, a debtor-licensor's ‘rejection' of a license agreement—which ‘constitutes a breach of such contract,' 11 U.S.C. §365(g)—terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."
United States
13 Dec 2018
9
Supreme Court To Decide Whether Debtors Can Terminate A Licensee's Rights To Trademarks Under License Agreements
The United States Supreme Court has agreed to address "[w]hether, under §365 of the Bankruptcy Code, a debtor-licensor's ‘rejection' of a license agreement—which ‘constitutes a breach of such contract,'
United States
10 Dec 2018
10
Understanding Priority Claims For U.S. Patent Applications: Part 2
As explained below, the petition must be accompanied with additional material.
United States
29 Nov 2018
11
Google's servers housed by a third-party ISP qualify as a regular and established place of business to establish proper venue in the Eastern District of Texas
In our continued post-TC Heartland coverage, Judge Gilstrap in the Eastern District of Texas recently held that venue was proper because Google exercises exclusive control over physical servers implicated by the litigation, as well as the physical space within which the server is located and maintained.
United States
27 Sep 2018
12
USPTO Prepares To Celebrate The Issuance Of The Ten Millionth U.S. Patent
The United States Patent and Trademark Office (USPTO) anticipates issuing the 10 millionth utility patent at some point during the summer 2018.
United States
11 Apr 2018
13
The First Circuit Casts A Shadow On Sunbeam
Bankruptcy Code section 365(n) permits a licensee to continue to use intellectual property even if the debtor rejects the license agreement.
United States
13 Feb 2018
14
After The Supreme Court Touchdown, Washington Redskins Are Finally Winning At The Fourth Circuit And The PTO
Two incredible things happened in 1992 for the NFL football team Washington Redskins.
United States
30 Jan 2018
15
Company "Branding" And The Benefits Of Federal Trademark Registration
Selecting and protecting your "brand" should begin from the very moment a business is in the process of being formed, whether that business is a sole proprietorship, partnership, corporation ...
United States
20 Nov 2017
16
Building A Health App? Part 2: Protecting Your Intellectual Property
This post is the second in a series of weekly blog posts covering legal issues for consideration during the early stages of development of a health app and providing best practices to help guide...
United States
28 Sep 2017
17
Delaware Court Holds That Trademark License Cannot Be Assigned Without Consent
The Delaware bankruptcy court recently decided that a debtor could not assign a trademark license absent the consent of the licensor.
United States
30 Aug 2017
18
Matal v. Tam: U.S. Supreme Court Holds Prohibition On Disparaging Trademarks Unconstitutional Under First Amendment
In a unanimous decision handed down on June 19th, the U.S. Supreme Court struck down as unconstitutional a long-standing prohibition against federal registration of "disparaging" trademarks, ...
United States
27 Jun 2017
19
Rules And Practice Tips Regarding Official Notice At The U.S. Patent And Trademark Office
Examiners commonly satisfy this requirement by citing one or more prior art references allegedly teaching each of the limitations of a claim.
United States
26 Apr 2017
20
Remember – "March Madness" Is A Trademark
The minds of many turn to March Madness as the NCAA hosts its annual tournament to crown college basketball's national champion.
United States
27 Mar 2017
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