Limitations of the 1st Amendment in Trademark Cases: the Dog Toy Case

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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 – two trademark, one copyright, and one patent – is “limitation.”  What does this mean?  The various laws implicated by these opinions do not operate in a vacuum and work in …

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Fed Circuit Watch: Dangers of Pro Se Representation – Failure to Understand Procedural Rules

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On August 27, 2018, the Court of Appeals for the Federal Circuit issued a rare trademark ruling, Zheng Cai, dba Tai Chi Green Tea Inc. v. Diamond Hong, Inc.,[1] dealing with the more mundane aspects of proper filing procedures and rules of evidence.  It also served as a reminder of the dangers of USPTO applicants …

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