Author Archives: Jessica Mendelson

The U.S. Supreme Court declined to grant certiorari in the case of Google, Inc. v. Oracle America, Inc., a closely watched case regarding the eligibility of software for copyright protection.  The Supreme Court’s decision leaves in place the Federal Circuit’s … Continue reading

Posted in Copyright & Idea Theft, Intellectual Property, Trade Secret & Unfair Competition | Tagged , , , , , , , , , , , | Comments Off on The “Oracle” Predicts It: Supreme Court Declines to Hear Landmark Software Copyright Case

In late April, the U.S. Supreme Court adopted changes to the Federal Rules of Civil Procedure which have significant implications for patent plaintiffs.  In an April 29, 2015 order, the high court approved, without comment, changes initially approved by the … Continue reading

Posted in Intellectual Property, Patent Litigation | Tagged , , , , , , , , , | Comments Off on No Suit For You! Changes to Patent Pleading Standard Issued By the U.S. Supreme Court Require More Than Bare Bones Pleading

The NFL playoffs aren’t the only big football news happening this month! The U.S. Department of Justice recently decided to intervene in the Washington Redskins trademark litigation over the constitutionality of certain provisions of the Lanham Act. As we previously … Continue reading

Posted in Intellectual Property, Trademark & Trade Dress, TTAB | Tagged , , , , , , , , , , , , , , , , , , , , , , | Comments Off on For the Redskins, NFL Playoff Season Means. . . Constitutionality Questions?

It’s a historic week for trademarks!  On January 21, 2015, the U.S. Supreme Court issued a decision in the case of Hana Financial, Inc. v. Hana Bank, which marks the high court’s first substantive ruling on trademarks in more than … Continue reading

Posted in Trademark & Trade Dress | Tagged , , , , , , , , , , , , , | Comments Off on Who A-Tacks a Decision on Tacking? U.S. Supreme Court Rules That Tacking Trademarks to Gain Earlier First Use Is a Question Of Fact

We have previously addressed the Supreme Court’s decision in Octane Fitness, LLC v. Icon Health & Fitness, Inc., 12-1184, Slip Op. at 7 (2014), which relaxed the standard for awarding attorney’s fees under Section 285 of the Patent Act (“§285”) … Continue reading

Posted in Intellectual Property, Patent Litigation, Trade Secret & Unfair Competition, Trademark & Trade Dress | Tagged , , , , , , , , , , , , , , , , , , , , , , , , | Comments Off on Low Octane Levels? Octane Fitness’ Impact in the Trademark and Trade Secret Realms

You are a trademark licensee, and your licensor suddenly declares bankruptcy.  Then, to make matters worse, the bankruptcy trustee rejects your licensing agreement.   What does this mean for you?  Although intellectual property rights are protected under Section 365(n) of the … Continue reading

Posted in Intellectual Property, Trademark & Trade Dress | Tagged , , , , , , , , , , , , | Comments Off on “Crumbs” of Hope for Trademark Licensees

Since our prior post, the “monkeying around” has only continued.  At the end of last week, the U.S. Copyright Office stated definitively that it would not “register works produced by plants, animals or divine or supernatural beings” in the wake … Continue reading

Posted in Copyright & Idea Theft | Comments Off on A Little More Monkey Business. . .

Looks like some copyright monkey business is afoot! Wikipedia, the collaborative free online encyclopedia, and David Slater, a British photographer, are currently in a copyright dispute over a photograph taken by a primate. In 2011, Mr. Slater traveled to Indonesia. … Continue reading

Posted in Copyright & Idea Theft | Tagged , , | Comments Off on Legal World Goes Bananas Over Monkey Selfie Copyright Dispute

It’s not just the Redskins anymore!  Following the cancellation of the Redskins trademark earlier this summer, the Trademark Trial and Appeal Board has issued another football related decision regarding the New York Giants’ trademark of their commonly used nickname, the … Continue reading

Posted in Intellectual Property, Trademark & Trade Dress, TTAB | Tagged , , , , | Comments Off on A “Giant” Decision: Trademark Trial and Appeal Board Denies Registration of “G-Men” to the New York Giants

These are his “Confessions!” Usher has emerged victorious in a copyright lawsuit involving the song “Caught Up.” In Edwards et al. v. Raymond et al., Plaintiffs Zacharia Edwards, Mitch Moses, and Vince McClean alleged that Usher Raymond, more commonly known … Continue reading

Posted in Copyright & Idea Theft | Tagged , , , , , , | Comments Off on Plaintiffs Get “Caught Up” in Dismissal of Copyright Lawsuit