PATENT, Trademark, IP Law Blog

It’s likely that we all received by now from clients various AI generated outputs we were asked to address in one way or the other. For example, a client may use an AI tool, such as ChatGPT or Grok, to generate a draft of a legal document that may be needed in the client’s legal matter, and then asks the lawyer to review, provide feedback or even use. Based on my current understanding of the AI tools, like the ones mentioned above, and som…

Introduction

I read a few articles recently discussing the trademark X chosen by Elon Musk as the new trademark for Twitter. The authors of these articles claimed that it is somehow an error, an illegal act, or otherwise inappropriate because, supposedly, Facebook already owns the X trademark. It was clear from most articles that the authors were biased and favoring Facebook over Elon Musk's Twitter or favoring Zuckerberg over Musk. You…

Introduction

Orange County Intellectual Property (OCIPLA) is a prestigious professional association of intellectual property (IP) lawyers based in Orange County, California. It includes as association members patent lawyers, trademark lawyers, copyright l…

The Trademark Trial and Appeal Board (TTAB; the Board)) just issued a decision in a Petition for Cancelation proceeding -Cancellation No. 92075544, which we filed about two years ago on behalf of one of our Ora…

UNICOLORS, INC. v. H&M HENNES & MAURITZ L. P. A Synopsis of a Copyright Infringement Case

Introduction

On February 24, 2022, JUSTICE BREYER delivered the opinion of the Supreme Court in the above-referenced copyright case. Copyright is a branch of IP law, so it merits taking a look at this case, and extract therefrom the IP law insights provided.

As the Supreme Court summarized in its opinion, "[a] valid copyright registrati…

Broad specification or broad claims in a patent application?

We have clients coming to us from other patent attorneys and they tell us that they were told that the pattent application has to be written at a high level of generality to be a strong applicat…

Is Mariah Carey the "Queen of Christmas"?

With the #1 best-selling Christmas song in the United States, many may say "yes." The United States Patent and Trademark Office (USPTO), however, says "no."

In 2021, Carey's company Lotion LLC attempted to register word marks for "Queen of Christmas," "QOC," "Princess of Christmas," and "Christmas Princess" in sixteen classes. The purpose of registering a trademark is to prevent others from using the mark in association with goo…

Rejection of Invention or Rejection of Patent Claims?

Introduction

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Who is the owner of the trademark? Priority and Senior User Disputes

Introduction

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Introduction

Document Security Systems, Inc. (""The Respondent"") owns a U.S patent with the number 7,524,087 (""The Patent""). The patent is on an optical device with a light-emitting diode die.

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