IP & Technology Law Trends
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U.S. Supreme Court Denies Cert in Three IP Cases
The United States Supreme Court denied certiorari in a widely-publicized right of publicity case and two closely-watched copyright cases during the last week of June.
In the publicity case, Hamilton v. Speight, Lenwood Hamilton, who wrestled profess...
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Supreme Court Denies Cert in Jack Daniel’s Dog Toy Case
The United States Supreme Court has denied Jack Daniel’s distillery’s petition for a writ of certiorari from a Ninth Circuit decision holding that a dog toy seller’s use of the Jack Daniel’s trademarks and label design is expression protected by the...
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U.S. Patent and Trademark Office Issues New Examination Guidelines in view of Booking.com
In the recent Booking.com case (see the IP Law Trends article here discussing that case), the U.S. Supreme Court held that a trademark consisting of the combination of a generic term and a generic top-level domain, like “.com,” is not automatically g...
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Miller Nash Prevails at United States Supreme Court
Two brothers in India formed a partnership to carry on the family business. Their partnership agreement contained a clause requiring the brothers to resolve all disputes “of any type whatsoever in respect of the partnership” by arbitration in India....
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Supreme Court Expands Rights to Register Domain Names as Trademarks
The United States Supreme Court issued a decision on June 30, 2020, holding that “Booking.com” can be registered as a trademark. The decision, United States Patent and Trademark Office, et al, vs. Booking.com B. V., reverses longstanding Trademark Of...
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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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