SCOTUS: Booking.com can trademark its name
The Supreme Court says travel website Booking.com can trademark its name, a ruling that also impacts other companies whose name is a generic word followed by “.com.”
Intellectual Property
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Federal Circuit tweaks statute to overcome constitutionality concerns with administrative patent judges
On Halloween 2019, a constitutional argument against the process for challenging patents not only convinced a federal appellate court but also inspired the judges to offer their own fix to the statute.
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Patent U.: Universities’ investment in patentable research reaps more revenue, litigation
As universities investment more resources in the development of patentable technology, they also run an increased risk of litigation.
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Articles
Lawyer-photographer loses appeal of copyright dismissal, must pay more fees
A lawyer and hobbyist photographer known for his litany of federal copyright lawsuits has lost an appeal for the reinstatement of a state-court action and has also been ordered to pay his opponent’s appellate attorney fees.
Supreme Court sides with Lucky brand in trademark dispute
The Supreme Court is siding with fashion brand Lucky in a dispute with a Miami-based apparel manufacturer that owns the “Get Lucky” trademark.
Law schools help draw blueprints to migrating courts online
Examining a witness online made Sarah Kelly a little disconcerted. The Indiana University Maurer School of Law student was part of the patent trial class that spends an entire semester preparing a patent case then culminates in a mock trial. Typically the pseudo litigation takes place in a courtroom before a jury and real judge, but this year the COVID-19 emergency pushed the courtroom battle online.
SCOTUS hears first live, teleconferenced oral arguments amid COVID-19 pandemic
The familiar sound of static cracked lightly over the line as the parties spoke, but this wasn’t your typical conference call. Instead, this was history. For the first time, the justices of the United States Supreme Court on Monday heard oral arguments via remote teleconferencing.
Listen in on history: SCOTUS streams audio of live arguments for first time
It’s a morning of firsts for the United States Supreme Court: the first time audio of the court’s arguments will be heard live by the world and the first arguments by telephone.
Attorney-photographer wins another infringement claim, but not willfulness
A notorious Indiana copyright litigator has once again secured judgment in his favor on a claim that a local business unlawfully used his photo of the Indianapolis skyline, though a federal judge determined the infringement was not willful.
3M files suit over alleged scam that targeted Indiana for billions of dollars
In its complaint, filed Thursday in the Indianapolis division of the U.S. District Court for the Southern District of Indiana, 3M accuses Reno, Nevada-based Zenger LLC and its agent, Zachary Puznak, of contacting high-ranking Indiana officials and offering to sell them up to 100 million N95 respirators on behalf of 3M.
SCOTUS rules for Connecticut company in Fossil trademark case
The Supreme Court of the United States is making it easier to get certain monetary awards in trademark infringement lawsuits. Justices sided unanimously Thursday with a Connecticut company, Romag, in its lawsuit against fashion accessory company Fossil.
Rost and Etienne: Design patents offer protection against aftermarket copying
How can a business or manufacturer legally protect external and aesthetic components from copycats and knockoff suppliers? Design patents.
Brown: Patent priorities, trademark cautions for the eco-focused
Earth Day is upon us, and the World Intellectual Property Organization has announced a theme of “Innovate for a Green Future” for World Intellectual Property Day on April 26. Christopher Brown offers two bits of eco-minded intellectual property law.
From engineering to law school: IU McKinney 1L forging new career as first IP Law Scholar
Laine Gonzalez has the distinction of being IU McKinney’s first IP Law Scholar, a program in partnership with Brinks Gilson & Lione designed to train the next generation of intellectual property lawyers.
Royalties dispute over Indiana surgeon’s inventions returning to state court
An ongoing royalties dispute between Indiana spine surgeon Rick Sasso and medical-device giant Medtronic will continue in state court despite Medtronic’s efforts to remove the matter to a federal judge.
Alliance brings together SmithAmundsen, Brannon Sowers IP firm
SmithAmundsen and the Indianapolis intellectual property firm of Brannon Sowers & Cracraft have agreed to a strategic alliance which will allow each firm to retain its identity while having access to the other’s attorneys and resources.
Lilly wins another patent infringement case over cancer drug Alimta
Eli Lilly and Co. has won another patent-infringement lawsuit against a competitor who was preparing to launch an alternative form of the chemotherapy drug Alimta prior to its patent expiration in May 2022.
Lindman: Trademarks in the Supreme Court: 2019-2020
One could assume that significant issues in federal trademark law were decided long ago; yet, the Supreme Court issued two trademark decisions in 2019 that fundamentally impact trademark protection and has granted certiorari in three trademark cases for the 2019-2020 term.
Banta: I bought the law (and the law won?): Georgia v. Public.Resource.Org, Inc.
The primary reason for the cost of access to legal texts is the ability of the text owners to prohibit unlicensed copying of those works through copyright enforcement. It is one thing when the owner is a private entity, but how do you feel about this prohibition when the owner is a state government?
Willful wrong? SCOTUS to resolve circuit split on profits
Among the circuit courts of appeal, there is an even split between the 1st, 2nd, 8th, 9th, 10th and Washington, D.C., circuits and the 3rd, 4th, 5th, 6th, 7th and 11th over whether the Lanham Act requires “willful” infringement before a plaintiff can recover profits. The United States Supreme Court is set to bring clarity to the circuit split when it hears arguments in Romag Fasteners Inc. v. Fossil Inc., 18-1233, next month.
‘Generic’ trademark battle set for SCOTUS
Booking.com is facing a not-so-easy legal battle in a lengthy effort to make its name a protectable trademark.
Barnes grows IP practice, expands into 3 new markets
Barnes & Thornburg, the largest law firm in the Indianapolis area, has completed a lateral hire that is bringing 17 legal professionals into its life sciences patent group and expanding its operations into three new markets.