Analysis

IP Notebook: TM Use At High Court, Popeye, Kurt Cobain

By Ivan Moreno

This edition of emerging copyright and trademark cases and trends looks at an appeal before the U.S. Supreme Court that questions the definition of trademark "use in commerce" under the Lanham Act and a battle over the use of "Popeye" as a trademark.

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Judge Newman Takes Suspension Battle To Supreme Court

By Ryan Davis

Federal Circuit Judge Pauline Newman brought her fight against a suspension imposed on her by her colleagues to the U.S. Supreme Court on Thursday, arguing that a lower court wrongly held that her challenges to the order are not subject to judicial review.

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Justices Told Fed. Circ.'s 1-Line Orders Flout Loper Bright

By Elliot Weld

A lighting company has asked the U.S. Supreme Court to take a look at a Federal Circuit decision that affirmed the invalidation of various claims in its LED patents, saying the circuit's one-line orders without explaining the court's reasoning violate the justices' decision in Loper Bright Enterprises v. Raimondo.

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USPTO Clarifies Design Patent Eligibility For Computer Icons

By Theresa Schliep

The U.S. Patent and Trademark Office issued guidance Thursday saying computer-generated digital designs depicted in holograms, virtual reality and the like are eligible for design patents, noting that displaying images on a screen is no longer strictly necessary for patent protection.

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US Chamber Report Warns Of Risks To IP Protection

By Adam Lidgett

While the U.S. has ranked at the top of the U.S. Chamber of Commerce's list measuring how countries worldwide are enforcing intellectual property laws, the group said problems with free trade agreements and efforts to reduce pharmaceutical prices could cause problems on the horizon domestically.

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Patent Examiner Settles Conflict Allegations For $122K

By Elliot Weld

The U.S. Department of Justice has said a former patent examiner for the U.S. Patent and Trademark Office agreed to pay $122,000 to resolve allegations that she examined patent applications for a company she had a financial interest in.

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Texas Judge Largely Keeps 'Maida's' Family TM Dispute Alive

By Elliot Weld

A Texas federal judge has allowed all but one count of unjust enrichment to move forward in an intrafamily suit alleging a company has been infringing trademarks associated with Maida's Belts & Buckles brand.

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Piracy Tops List Of Worries In Next-Generation TV Changeover

By Christopher Cole

Broadcasters have a lot on their plates as they move to the next TV standard, but chief among their worries will be protecting content from piracy, a security group formed by the major networks told the Federal Communications Commission.

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CBP Clears Redesigned Innoscience Chips After ITC Case

By Adam Lidgett

U.S. Customs and Border Protection has found that modified versions of Innoscience's semiconductor chips no longer infringe an Efficient Power Conversion patent, after the U.S. International Trade Commission blocked infringing imports.

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ITC Extinguishes RJ Reynolds Vape Import Patent Fight

By Adam Lidgett

The U.S. International Trade Commission has shot down a fight R.J. Reynolds launched targeting imports of certain vape products the company alleged were infringing an electronic smoking patent.

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Split PTAB Invalidates Danco's Toilet Valve Patent

By Dani Kass

The Patent Trial and Appeal Board has invalidated the entirety of a Danco Inc. toilet valve patent that the plumbing parts company has accused rival Fluidmaster Inc. of infringing.

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TV Academy Foundation Sues Over CW Docuseries Clips

By Ivan Moreno

The Academy of Television Arts & Sciences Foundation has sued the producers of the CW docuseries "TV We Love," accusing the team behind the show of using nearly 50 unlicensed clips from the foundation's Emmy broadcasts and its long‑running oral history project "The Interviews."

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Colo. Entity Steals A Wolters Kluwer Trademark, Court Told

By Zach Dupont

An entity is impersonating a Wolters Kluwer subsidiary by using a nearly identical business name and has already deceived several businesses by using the subsidiary's trademark, according to a complaint in Colorado federal court.

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Ex-Consultants Sue Gallagher Over Nonsolicitation Clauses

By Mark Payne

Insurance broker Arthur J. Gallagher Co. shouldn't be able to enforce nonsolicitation clauses that "stifle valid competition and hinder employee mobility," a pair of former group welfare benefits consultants told a federal court this week, telling the court both clauses run afoul of North Carolina law. 

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SeaWorld Broke Sesame Street License Agreement, Suit Says

By Rae Ann Varona

SeaWorld is flouting its obligations under a licensing agreement for the Sesame Street brand, the nonprofit behind the children's television series alleged Thursday in New York federal court, accusing the theme park giant of carrying out a "retaliation campaign" after losing an arbitration over unpaid royalties.

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Trial Advocacy Lessons From 3 Oscar-Nominated Films

Several films up for best picture at this weekend’s Academy Awards provide useful tips for trial lawyers, from the power of a dramatic opening to the importance of pivoting when the unexpected happens, say attorneys at Robins Kaplan.

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Series

Podcasting Makes Me A Better Lawyer

Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

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4th Circ. Scolds Atty Suspected Of Using AI In Race Bias Suit

By Patrick Hoff

The Fourth Circuit has reprimanded an attorney suspected of using generative artificial intelligence to draft briefs in a race discrimination lawsuit against Baltimore Gas and Electric Co., warning that courts need to grapple with the technology as it "may soon become the norm."

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Democrats Seek Review Of Bondi's Role In Brother's Cases

By Alison Knezevich

Two Democratic lawmakers have asked the U.S. Department of Justice's inspector general to review whether Attorney General Pam Bondi "adequately recused herself" from cases involving clients represented by her brother Brad Bondi, who is a partner at Paul Hastings LLP.

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Sinema Says Tryst With Ex-Guard Not In NC Court's Reach

By Abigail Harrison

Former U.S. Sen. Kyrsten Sinema, now a Hogan Lovells attorney, told a North Carolina federal court Thursday that a lawsuit alleging her cross-country affair with a former member of her security detail ended a 14-year marriage must be dismissed because the trysts occurred outside state borders.

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Ex-Judge Testifies About Alleged Forgeries In Amazon Case

By Kelcey Caulder

The former chief judge of the U.S. District Court for the Northern District of Georgia testified Thursday about the alleged forging of court documents, signatures and court stamps in a criminal case against a woman accused of defrauding Amazon out of $9.4 million through fraudulent invoices. 

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Calif. Bar Says Internal Docs Bolster Claims Against Exam Co.

By Emily Sawicki

The State Bar of California has bulked up its breach of contract and fraud suit against the administrator of its "disastrous" February 2025 bar exam, filing an amended complaint in light of information it says it learned from internal communications unearthed amid discovery.

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Holyoak's US Attorney Nomination Advances

By Courtney Bublé

The nomination of Melissa Holyoak, former commissioner of the Federal Trade Commission, to be U.S. attorney for the District of Utah was sent to the full Senate on Thursday.

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CFTC Takes 1st Steps Toward Prediction Market Regulations

By Jessica Corso

The U.S. Commodity Futures Trading Commission opened the door Thursday to promised prediction market regulation, calling for public feedback on what such rules might look like while laying out the staff's view on the current rules that the platforms should follow in order to offer betting on sports and other events.

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