IP & Technology Law Trends
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Federal Circuit Strikes Down the Lanham Act's Ban on Scandalous and Immoral Marks in the Wake of Tam
In the wake of Matal v. Tam, where the Supremes unanimously held that the "disparagement clause" in Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a), violates the Free Speech Clause of the First Amendment, a three-judge panel of the U.S. Court o...
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Alicia Bell Published in Modern Restaurant Management: Protecting Your Restaurant’s Intellectual Property Is More Important Than You Think
As the restaurant industry grows, and as customers pay more attention to local and artisan foods and celebrity chefs, there’s an increased interest in protecting recipes, signature dishes, and restaurant brands as intellectual property. In an article...
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Copyright and Software: Oracle v. Google
In the blockbuster case of Oracle v. Google, the Federal Circuit has once again questioned the role of juries in deciding technical issues, this time in the context of fair use of copyrighted software. Oracle sued Google in 2010 after acquiring Sun M...
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The EU’s General Data Protection Regulation (GDPR), Effective May 25, 2018, Will Impact Many United States Businesses
Who: United States businesses that process (i.e., collect, store, or transmit) the personal information of EU residents in connection with offering goods or services in the EU (online or otherwise) are subject to the GDPR, regardless of whether the b...
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The Supreme Court Tells PTAB “All or Nothing”: SAS Institute v. Iancu
The Supreme Court recently issued an opinion that will increase the certainty for parties to a patent dispute of whether the validity of challenged claims will be decided in a post-grant review process or federal court. SAS Institute v. Iancu involve...
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Sis Boom Bah? Cheerleading Uniforms and Copyright Protection—Star Athletica Case Decided!
Can a cheerleader uniform containing combinations of elements like chevrons, lines, stripes, and angles be protected by copyright? Well, the Supreme Court addressed this exact issue on March 22, 2017, in the case of Star Athletica, L.L.C. v. Varsity...
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