IP & Technology Law Trends
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Can Publishing Research in a Peer-Reviewed Journal Constitute False Advertising?
Scientists like to publish their research so as to advance scientific knowledge. Scientific journals often vet proposed articles and suggest changes or further research in order to exercise some quality control over the research published. However, a...
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Free Speech and Functionality
The Founding Fathers ensconced intellectual property rights into the fabric of the original Constitution. Article I, Section 8, Clause 8, of the United States Constitution grants Congress the power "to promote the progress of science and useful arts,...
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The Federal Circuit Reinstates an Apple Victory and Reestablishes the Limits of the Court's Fact-Finding Function
Sitting en banc, the Federal Circuit recently issued its decision in Apple v. Samsung, a stunning rebuke of a panel of that same court, vacating the panel's February 26, 2016 opinion, reinstating a $119.6 million jury award for Apple, and—perhap...
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Keeping Secrets – Don’t Overdo It
In a post-Alice world where patents will become harder to get, many organizations have a renewed interest in protecting innovative information as trade secrets, rather than publishing that information in a patent application. And of course, the first...
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Precedential TTAB Ruling Vaporizes Marijuana-Related Trademark Registrations
After the Patent and Trademark Office’s (PTO) youthful experimentation with allowing trademark registrations for “processed plant matter for medicinal purposes, namely medical marijuana” in 2010, the Trademark Trial and Appeal Board (TTAB) has now ma...
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Christian Faith Fellowship Church is Going 12 Rounds with adidas AG in David-versus-Goliath Trademark Battle
Last week, Christian Faith Fellowship Church prevailed at the U.S. Court of Appeals for the Federal Circuit on its appeal of a final judgment of the Trademark Trial and Appeal Board (TTAB) that, in response to a petition filed by adidas AG (Adidas),...
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