UPC Set to Commence June 1, 2023
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At long last, the Unitary Patent (UP) and the Unitary Patent Court (UPC) are set to begin on June 1, 2023. This has been a long-awaited process, which has seen the roll-out delayed not once, not...
Tax Update for Wine, Spirits & Beer Industry
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The Craft Beverage Modernization Act (CBMA) was originally enacted in 2017 as part of the Tax Reform Act, and was meant to provide some tax relief for domestic wineries, breweries, distillers, and...
Copyright Office Partially Cancels AI-Created Work
On February 21, 2023, the U.S. Copyright Office issued an unusual ruling partially cancelling the copyright registration originally issued in September 2022, essentially cancelling any part of the...
8th Circuit Holds One Block Does Not Infringe Another
On January 24, 2023, the Court of Appeals for the Eighth Circuit held in H&R Block, Inc. v. Block, Inc., that defendant Block’s trademark was not likely to confuse consumers as to source of the...
9th Circuit Expands Service of Process Against Foreign Defendant
On November 14, 2022, in San Antonio Winery, Inc. v. Jiaxing Micarose Trade Co., Ltd., the Court of Appeals for the 9th Circuit held that process may be effected on a nonappearing foreign defendant...
DOCX Filing Requirement to Begin for Patent Applications
Today is the date in which new patent applications under 35 U.S.C. §111(a) (i.e., any U.S. nonprovisional application) must be filed using the .DOCX format, which is the file extension format used...
9th Circuit Punches the First Amendment into the Bowl
The facts are as follows. The plaintiff, Punchbowl, Inc., is an online greeting card company, using and owning the PUNCHBOWL mark since 2006. The defendant AJ Press is the owner of PUNCHBOWL NEWS, an...
Fair Use Not Found in Foreign Judgment Case
In the runup to the issuance of the U.S. Supreme Court opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, which is due sometime in the spring 2023, which will deal with the...
Fed Circuit is Irritated by Renegade Judge Albright
In In re Apple Inc., the Court of Appeals for the Federal Circuit granted Apple’s petition for writ of mandamus ordering the judge presiding over its district court patent infringement case, Alan D....
Registered Trade Dress Protectible Even if Many Features of Product Design Are Functional
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The Court of Appeals for the Federal Circuit ruled on November 9, 2022, in SoClean, Inc. v. Sunset Healthcare Solutions, Inc., in a decision involving trade dress, a sub-category of trademark law....
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