Floyd Mayweather, the infamously elusive twelve-time world champion boxer, caught a stiff jab from the Trademark Trial and Appeal Board (“Board” or “TTAB”)’s rejection of his “PAST PRESENT FUTURE” (“the Mark”) on grounds that it could not function as a source identifier. The Board found that the Mark failed…
Publications
Irwin IP Publications is the go-to resource for the latest updates and insights in the world of intellectual property. Over 250 articles are published on cases addressing unique issues, all of which can be found using the search tool below. Additionally, there is a collection of articles/papers and presentations that cover a wide range of topics. Whether you’re a legal professional, business owner, or simply someone passionate about IP, our publications page will provide you with all the knowledge needed to navigate this dynamic field.
The Patent Trial and Appeal Board (the “Board”) recently precluded the use of multiple online references in a validity challenge due to poor indexing. According to the Board, the lack of organization and search capabilities precluded these references from being deemed “publicly accessible” for use as prior art “printed…
On October 20, 2020, the Eleventh Circuit resuscitated J-B Weld’s (“J-B”) action for trade dress infringement and trade dress dilution against Gorilla Glue (“Gorilla”) by reversing the lower court’s grant of Gorilla Glue’s motion for summary judgment. The Court found that the lower court failed to discuss all of…
State and federal claims brought by various models for unauthorized use of their images in advertisements by a strip club received mixed results on cross motions for summary judgment in the District of Arizona. Plaintiffs prevailed on their state law misappropriation claim, but their state law false light claims…
Since Judge Alan Albright took the bench in the Western District of Texas in 2018, the former patent litigator’s extensive experience, as well as the rise of Austin as a tech hub, has driven patent infringement filings to that District, with 618 new patent infringement filings this year through…
On September 8, 2020, the Federal Circuit affirmed the final written decision of the Patent Trial and Appeal Board (PTAB), finding that Trans Ova failed to show that XY’s challenged patent was obvious. During oral argument on Trans Ova’s appeal, the Panel took most of the time to grill…
On September 1, 2020, the Northern District of Illinois held microphone manufacturer Shure in contempt for selling a beam-forming microphone that was no more than colorably different than the prior Shure product preliminarily enjoined for patent infringement in 2019. Shure argued that its redesign was non-infringing. But ClearOne relied…
The Federal Circuit vacated the decision of a district court declaring a patent invalid for failure to name all inventors. The Court held the patentee’s former request to remove the inventor and subsequent attempt to add that inventor back to the patent were justified and did not trigger judicial…
Provides an overview of intellectual property principles (patent, copyright, and trademark law) for Spanish-language artists and entrepreneurs. Esta presentación es una introducción a la propiedad intellectual y como se protege legalmente mediante patentes (para un invento, que es un producto, aparato, o proceso que ofrece una solución técnica o…
Although Phytelligence. Inc. (“Phytell”) and Washington State University (“WSU”) entered into a Propagation Agreement (“the Agreement”) for Phytell to grow WSU’s patented “WA 38” apple trees for research, the Court of Appeals for the Federal Circuit affirmed that the Agreement lacked the language and context permitting Phytell to option…
On August 7, 2020, the D.C. Circuit remanded the Copyright Royalty Board’s (“CRB”) Final Determination setting royalty rates for certain rights to reproduce and distribute musical works. Though administrative agencies are generally given significant discretion by courts, the Court found that the CRB failed to provide notice of its…
On August 3, 2020, the Federal Circuit affirmed a determination that 10X Genomics had willfully infringed a patent owned by the University of Chicago and assigned to Bio-Rad Laboratories covering microfluidic test chip technology, rejecting 10X’s contentions that the plaintiffs’ doctrine of equivalents theory was barred by prosecution history…
The United States District Court for the District of Arizona recently denied a motion for a preliminary injunction seeking to avoid compliance with an Arizona law requiring software providers to implement an application programming interface. The Court found the law was not preempted by the Copyright Act and did…
The International Trade Commission (“ITC”) issued an exclusion order prohibiting the importation of products infringing a patent that teaches a self-anchoring beverage container, used to prevent spills. Mayborn was not included in the original complaint to the ITC, and none of the defaulting respondents raised invalidity challenges. Mayborn appealed…
On July 6, the PTO’s Precedential Opinion Panel (“POP”) held that when examining proposed amended claims in AIA trials, PTAB panels may raise grounds for rejection sua sponte, but should do so only in rare circumstances and with adequate notice. In this, the fourth opinion issued by the POP,…
In a nonprecedential opinion, the Trademark Trial and Appeal Board (the “Board”) affirmed a decision refusing to register the trademark TRUMP TOO SMALL on the grounds that the mark consisted of President Trump’s name without his written consent. In doing so, the Board rejected arguments that the applicable Lanham…
Last week, the Supreme Court held that the combination of a generic word and “.com” is not necessarily generic and may be eligible for federal trademark registration. A trademark allows consumers to distinguish the goods or services of one manufacturer from another’s and permits a trademark owner to protect…
Plaintiff Stephanie Sinclair brought suit against Defendant Mashable and its parent company, alleging copyright infringement when Mashable posted Sinclair’s photograph on its website without Sinclair’s authorization. The Court originally granted Defendants’ Motion to Dismiss, finding that the Defendants had a valid sublicense from Instagram to post the photograph. However,…
In a summary order, the Court of Appeals for the Second Circuit recently side-stepped a difficult question currently facing copyright law: whether the human body is a sufficiently tangible medium of expression to warrant copyright protection. Plaintiff Sammy Mourabit (“Mourabit”), a makeup artist, provided makeup services for a…
The Federal Circuit recently issued two opinions regarding fee awards in patent cases, both of which show the Court’s reticence to award fees in contravention of the “American Rule” where each party bears its own costs. As such, if patent litigants seek fees as an exception to this rule…