By Mark D. Klinko, attorney at Fay Sharpe LLP On March 21, 2017, the U.S. Supreme Court issued a 7-1 decision in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC. Justice Alito delivered the opinion of the Court and Justice Breyer dissented. The Court decided laches cannot be a defense against damages where […]
Written by Mandy B. Willis, attorney You are a small, entrepreneurial company getting ready to introduce a product that will ensure your economic success. You have already taken steps to protect the intellectual property (the “IP”) behind the product. You invested in branding. You obtained a patent opinion that gives you clearance. But what if—unbeknownst […]
Written by Theresa Rakocy Non-practicing entities, or patent trolls, as they are colloquially known because they lurk waiting for an unsuspecting individual, bring a sense of anger, frustration, and foreboding to patent attorneys. A patent troll owns one or more patents with the intent to license the technology or product, but does not actually make […]
Written by Brad S. Pulfer, attorney at Fay Sharpe LLP Patent owners should be keeping a close eye on a case that may come before the Federal Circuit Court of Appeals that could potentially block challenges to patent validity outside of the courtroom. Cascades Projection v. Epson and Sony asks the court to decide whether […]
By Rachel A. Smoot, attorney, Fay Sharpe LLP It’s that time of year again: designers flock to New York City to showcase their creativity and upcoming trends in fashion, allowing models to “stomp to the death” down runways in front of the world’s media. That’s right—it’s Fashion Week. While many people probably think of Fashion […]
By Rachel A. Smoot, attorney, Fay Sharpe LLP On the morning of January 18, 2017, the Supreme Court heard oral arguments for Lee v. Tam. As a quick recap, this case stems from In re Tam, which began with Simon Shiao Tam’s federal trademark application for THE SLANTS. Mr. Tam is currently the front man […]
By: Ryan Jones, attorney, Fay Sharpe LLP On March 16, 2013, the United States became a “first-to-file” patent system, in which the first inventor to file a patent application, such as a provisional application, gets priority rights over others. The reasoning here is that if you want a patent for your invention, you better act […]
By Matthew Burkett, attorney The Supreme Court of the United States (SCOTUS) recently granted a petition for writ of certiorari, submitted by the United States Patent and Trademark Office (USPTO), to decide whether the disparagement provision of the Lanham Act is facially invalid under the First Amendment. The disparagement provision resides in Section 2(a) of […]
By Brad S. Pulfer When a parent captures his or her child doing something funny or remarkable on video, copyright law is probably not the first thing that crosses their mind. One mother found out about the frequent and unpredictable nature of copyright law when her family YouTube video was taken down at the request […]
By Matthew R. Burkett Your startup has hit the ground running. The gang of millennials under your employ is trailblazing and innovation is flourishing. It’s time to consider how to protect your advancements from the competitors you didn’t know you were about to have. It is also important to consider how to protect certain innovations […]
