Intellectual Property

A few paralympic champions were disqualified in the past on the ground that the famous Olympic rings they had tattooed on their bodies could be seen during the competitions and this was forbidden […]

by Dennis Crouch As its name suggests, the Patent Eligibility Restoration Act (PERA) is designed to substantially overturn the Supreme Court’s decisions in Mayo Collaborative Services v. Prometheus […]

My social timeline has been abuzz with the latest copyright decision regarding the Internet Archive, which lost its appeal in the copyright lawsuit from Hachette. In the words of a colleague, this is […]

A New York Judge dismissed former Rep. George Santos’ lawsuit against Jimmy Kimmel Live over the late-night host’s use of personalized Cameo videos in one of his segments. Scott […]

by Dennis Crouch In a significant ruling, the Merit Systems Protection Board (MSPB) granted corrective action to PTAB Administrative Patent Judge (APJ) Michael Fitzpatrick in his whistleblower […]

Consumer law and regulation has been thrusted into the limelight in recent months. The main reason for this is the introduction of the Digital Markets, Competition and Consumers Act (DMCC Act), which […]

by Dennis Crouch In patent litigation, we continue to see enhanced focus on qualifying (i.e., disqualifying) expert witnesses. Skilled expert testimony can be so convincing for a jury while also […]

by Dennis Crouch For over 150 years, “user interfaces” have been a staple of patent protection, evolving from the physical realm of tool handles and knobs to today’s digital screens. Although […]

by Dennis Crouch In 2018, the Supreme Court’s 7-2 decision in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, 584 U.S. 325 (2018) affirmed the constitutionality of inter partes review […]

by Dennis Crouch A cornerstone of Dir. Kathi Vidal’s tenure as USPTO Director has been a continued focus on inclusivity and diversity in the innovation ecosphere.  In 2024, the USPTO launched a […]

There’s been a disturbance in the Force. Have you felt it? All across popular culture, we have been witnessing an interesting phenomenon: the blurring of lines, the fading to grey, the end of good […]

A group of senators introduced an update to the ‘No Fakes Act,’ which protects the voice and visual likeness of individuals from unauthorized AI-generated recreations. Scott Hervey and James […]

by Dennis Crouch We have seen lots of ITC action recently. In the new Koki v. ITC decision, the Federal Circuit found that the accused infringer Koki lacked Constitutional standing to bring the […]

by Dennis Crouch I previously wrote about Allergan USA, Inc. v. MSN Laboratories Private Ltd. (Sun Pharma), No. 24-1061 (Fed. Cir. Aug. 13, 2024), focusing on Federal Circuit’s about-face on […]

The Internet has been abuzz with the arrest in France of Telegram’s creator Pavel Durov. Details are still sketchy, but French judiciary authorities have issued a press release with some of the […]

by Dennis Crouch In a significant ruling that underscores the importance of strategic litigation planning in patent cases, the Federal Circuit has affirmed a district court’s judgment barring […]

As noted in our related blog, only a small percentage of issued patents are ever asserted to be infringed with the filing of a lawsuit, even when infringed. Why? Because patent litigation is […]

by Dennis Crouch This week a unanimous jury in Judge Albright’s W.D.Tex. courtroom filled out a very simple verdict form that favored the patentee Lashify over the accused infringer Worldbeauty, who […]

The Trademark Trial and Appeal Board often consider wine, beer, and non-alcoholic beverages related when determining the likelihood of confusion despite there being no per se rule on the matter. […]

The number of patents issuing each year has increased dramatically since the Patent Act of 1952 codified US patent law — from fewer than 50,000 patents issued per year to around 350,000 patents […]

With the release of Grok 2, Twitter’s latest model, there has been a growing number of images depicting fictional characters as well as celebrities and public personalities on the social media […]

Find out why Gabby’s Table was denied registration in a major Trademark decision that impacts affiliate marketing. Weintraub attorneys Scott Hervey and Jamie Lincenberg break down what this means […]

In Blue Mountain Holdings v. Bliss Nutraceuticals, the 11th Circuit upheld a U.S. District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the […]

As trademark owners it is vital to not only use your registered trademark in a serious and thus rights-preserving manner, but also continuously take care to obtain and secure evidence of a […]

Weintraub attorneys Scott Hervey and Jessica Marlow explore the US Olympic Committee’s lawsuit against Prime Hydration, co-founded by Logan Paul, for using Olympic trademarks in their ad campaign […]

The Summer 2024 Olympics in Paris are underway and while millions of eyes are on the games, the United States Olympic & Paralympics Committee (“USOPC”) has its eyes peeled for trademark […]

Tracy Anderson, the mastermind behind the Tracy Anderson Method, sued ex-trainer Megan Roup for allegedly stealing her routines and licensing them to Equinox. The US District Court just ruled against […]

In a recent en banc decision, the Federal Circuit Court of Appeals has overruled its prior test for nonobviousness of design patent inventions, holding that design patents are subject to the same […]

My social media timeline has started filling up with angry reactions to the news that several academic publishers have been licensing academic works to AI companies for training purposes without […]

Did you know? In the U.S., terrestrial radio stations don’t pay royalties to non-songwriter performers or record labels! Unlike other countries, only songwriters and publishers get paid. Weintraub […]

The U.S. Patent and Trademark Office continues to seek stakeholder input on AI-generated disclosures and patentability. Earlier this year, USPTO issued a public Request for Comment on the impact of […]

Cher recently won a major lawsuit over her music royalties from her divorce from Sonny Bono. Join Weintraub attorneys Scott Hervey and Jamie Lincenberg on today’s episode of “The Briefing” as […]

People involved in the Internet Regulation area have a recurring joke that the field is like being stuck in some form of digital Groundhog Day, in which we are re-living 1997 all over again. This is […]

For many years, it has been possible to obtain registered IP protection for the designs of products that have visual appeal in the Member States of the EU. Separately, this is also the case in the […]

On 15 May 2024 the UK Supreme Court handed down its judgement in the case of Lifestyle Equities v Ahmed (Lifestyle Equities C.V. and another (Respondents) v Ahmed and another (Appellants) – The […]

It’s been an interesting couple of years here in Llama Towers. While AI has long been a subject of interest to this blog, it’s undeniable that the subject has exploded recently due to the growing […]

If you’re at all interested in artificial intelligence, and if you’re reading this I suspect that you may be, you will probably already be aware about the dispute between OpenAI and actress […]

In a May 10, 2024, Notice of Proposed Rulemaking (NPRM), the USPTO proposed sweeping changes in the rules governing the filing of terminal disclaimers. If the USPTO implements the proposed changes, […]