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Women on the Rise at the Patent and Trademark Office

July 23, 2020 | Intellectual Property

The United States Patent and Trademark Office (“USPTO”) released a 2020 update on women as inventor/patentees, which discusses data collected on the number and percentage of women listed as inventors for U.S. patents. The report was a followup to a 2019 report and includes additional data based on nearly one (1) million issued patents and…

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Supreme Court Rules Booking Dot Yeah

July 17, 2020 | Intellectual Property

Books.com. Computers.com. Mattresses.com. What do all of these domain names have in common? Well, apparently they are all now eligible for trademark protection according to the Supreme Court’s latest ruling in favor of Booking.com. The case considered whether a generic “.com” website can serve as an indicator of source such that the domain can create…

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Willful Infringement Not Required for Disgorgement of Profits

June 9, 2020 | Intellectual Property

When you think about trademark infringement, you most like think of the “go to” test of likelihood of confusion. While likelihood of confusion is indeed the most common theory of infringement found under the federal Lanham Act (and state laws) governing trademarks, claims also exist for dilution by blurring, dilution by tarnishment, false advertising, etc….

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Color Can’t Be A Trademark… Can It?

May 18, 2020 | Intellectual Property

Think about your favorite consumer product. Does a specific image come to mind? A specific word mark? Maybe a distinctive product design? Color is probably one of the last things you think of. However, color can certainly serve as a trademark (defined as a source identifier that is generally thought of as a word, name,…

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