IP & Technology Law Trends
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Your Trademark Just Became More Valuable: Romag Fasteners, Inc. v. Fossil Group, Inc.
Under the Lanham Act, a trademark owner can recover damages (i.e., the owners lost sales because of infringement), but also is entitled to disgorgement of the infringer’s profits from the infringement. But typically (at least in the Ninth Circuit), i...
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Supreme Court Reinforces Position That the Patent Office Has the Final Say on Whether to Initiate an Inter Partes Review
On April 20, 2020, the U.S. Supreme Court decided that the USPTO’s decision to institute inter partes review, even after the one-year statutory time limit for requesting the review, is not appealable. In other words, the USPTO has the final say for a...
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U.S. Patent and Trademark Office Increases Extensions to Deadlines under the CARES Act
Apr 29, 2020
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As a further update to earlier posts regarding recent actions taken by the United States Patent and Trademark Office (USPTO) due to the COVID-19 pandemic, the USPTO announced this week an increased extension of time for the filing of various pat...
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Stop Price Gouging Using Trademark Law? 3M Says Yes and Court Agrees
In early April, 3M filed a lawsuit against Performance Supply LLC of New Jersey for violating trademark law because they were reselling N95 masks they had purchased from 3M at more than a 500% markup (3M Co. v. Performance Supply LLC, SDNY No. 1:20-c...
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An Important Option to Consider for Filing Patent Applications in the COVID-19 Era
We may be living in uncertain times right now but that does not mean the end of technological innovations. In fact, many individuals, companies, and even entire industries are innovating more than ever now—intentionally or not—as they strive to adapt...
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Case Update on 3M Co. v. Performance Supply
As an update to our earlier blog post, Judge Preska asked the defendant Performance Supply why she should not make the temporary restraining order permanent and ordered them to appear before her in person on May 4, 2020. They failed to show up, and t...
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