Consistent with its previous fee study authorized by Congress in 2022, the U.S. Patent and Trademark Office (USPTO) is increasing patent fees on a long list of categories. The study culminated in an official proposed fee schedule published in the Federal Register. The USPTO anticipates a gradual increase in the number of patent applications filed …
USPTO Trademark Fees Increasing This Month
Although USPTO fees typically increase, for different matters, every two years, this year’s increases are sweeping. According to the USPTO, policy rationales for the fee increases included in the published final rule: These rationales appear in line with forcing application efficiency, with most of the burden being carried by the applicant. Five to ten years …
A Tale of Two Airports
The ongoing saga between two of the Bay Area’s major airports continues as Oakland International Airport (OAK) filed an appeal on December 12, 2024, on the order for preliminary injunction granted to San Francisco International Airport (SFO) by a federal district judge ordering it to desist from using “San Francisco Bay Oakland International Airport,” which …
No Fair Use for Internet Archive’s Digital Library
On September 4, 2024, the Court of Appeals for the Second Circuit decided Hachette Book Group, Inc. v. Internet Archive, denying the online digital repository’s ability to copy and distribute copyright-protected works for free, and without permission, to the general public. Internet Archive creates digital copies of print works for posting on its site, making …
New Approved AVAs
The Tax & Trade Bureau of the U.S. Department of the Treasury has approved four new American Viticultural Areas (AVAs) this year: Contra Costa, Comptche, Yucaipa Valley, and Upper Cumberland. The first three are in California, and the Upper Cumberland AVA is in Tennessee. An AVA is the US designation of appellation of origin (AO), …
Copyright Damages for Timely Claims Regardless of Infringement Date
Resolving a circuit split on the issue of damages in copyright infringement cases, the U.S. Supreme Court held, in a 6-3 decision, in Warner Chappell Music, Inc. v. Nealy, 601 U.S.___ (2024), that a copyright infringement claimant is entitled to damages in a timely filed action regardless of when the infringement occurred. Justice Kagan wrote …
DEA Confirms Cannabis Rescheduling
It was announced that the U.S. Drug Enforcement Administration (DEA), the federal agency responsible for enforcement of federal drug laws, will take up the recommendation from the U.S. Health and Human Services (HHS), and reschedule marijuana (cannabis) from the current Schedule I to Schedule III under the Controlled Substances Act (CSA). Rescheduling will have major …
Ninth Circuit: No SHIFT+DELETE for Server Test
The issues where technology and intellectual property laws collide were discussed in the Ninth Circuit’s opinion in Hunley v. Instagram, LLC,[1] decided on July 17, 2023. In Hunley, the Ninth Circuit re-affirmed the so-called Server Test limiting liability for copyright infringement. Facts Plaintiffs Alexis Hunley and Matthew Brauer both posted their photographic works on their …
Limitations on Federal Trademark Law Reach: No Extraterritoriality Under Lanham Act
This posting reviews the last IP case decided by the U.S. Supreme Court in its 2022 term. As mentioned before, the keyword among these cases is “limitation.” The consensus of the Court is that there are limitations on the breadth of particular areas of IP law. These limitations will affect the IP holder’s rights, as …
Limitations on Transformative Use: SCOTUS Finds Nothing Transformative in Warhol’s Use of Goldsmith’s Prince Photo
Reviewing the last U.S. Supreme Court 2022 term, the highest court decided several high-profile cases involving intellectual property rights. The keyword among these cases is “limitation.” There are limitations on the breadth of particular areas of IP law. These limitations will affect the IP holder’s rights, as well as those who are infringing those rights. …