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Skin cancer scanning system found to be obvious on appeal. CANFIELD v. MELANOSCAN
Once a patent is granted, the patent is not immune from review. If a member of the public discovers prior art which would anticipate (35 U.S.C. §102) or render a patented invention obvious (35 U.S.C. §103), that member of the public can request an inter partes review (IPR). IPR is a trial proceeding conducted at…
Read MoreColor coded system for dental adhesive can’t be trademarked because it is functional. SULZER MIXPAC v. AN TRADING
A trademark is traditionally thought of as a word, phrase or symbol that a manufacturer places on their products. However, just about anything that signals to consumers the identity of the company that produced a product can be granted trademark protection. Trade dress constitutes a "symbol" or "device" within the meaning of §2 of the…
Read MoreEmbedding social media post in a news article found to be fair use. BOESEN v. USP
A copyright is a set of exclusive rights granted to the creator of an original work of expression. Copyright law protects original works of expression like books, music, movies, and photographs. A copyright owner is granted the exclusive right to reproduce, distribute, display, perform, transmit and make derivative works based on the original. If someone…
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Patent on golf club head found to be invalid because it was indefinite. SASO GOLF v. NIKE
A patent is a complicated document with several different sections. The specification section of the patent describes the all elements of an invention. All patent specifications shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. 35 U.S.C. §…
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Retailer of kids football uniforms accused of infringing on POP WARNER trademark.
Trademark law is intended to protect consumers from being tricked into buying inferior quality goods. A trademark is something that a manufacturer uses to brand its products. Traditionally a trademark is considered a word phrase or symbol, but anything that signals to consumers the identity of the product manufacturer can be eligible for trademark protection. …
Read MoreHow do protect the design of my computer chip?
Computer chips are the factories of the internet age. While a factory is made of brick and mortar, a computer chip is made of semiconductors. The design of factories and computer chips are both closely guarded secrets because the person with the best design can dominate the market. Factories are can be reproduced using blue…
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Multi function printer scanner patent found to be indefinite. INFINITY v. OKI
A patent is a complicated document with several different sections. The claims of a patent are like property lines on a map. Elements of an invention can be described in the specification section of the patent, but if those elements are not claimed then the patent does not cover those elements. All patent specifications shall…
Read MoreTrademark application for plastic products blocked by similar paper product trademark. IN RE ELKAY PLASTICS
Section 2(d) of the Lanham Act provides that the United States Patent and Trademark Office may refuse to register a trademark if it so resembles a prior used or registered mark “as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or…
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