In an opinion made precedential at the PTAB’s request, the Court of Appeals for the Federal Circuit (“CAFC”) affirmed a PTAB determination that a trademark application for the wordmark “EVERYBODY VS. RACISM” committed a “cardinal sin” under the Lanham Act by undermining the source-identifying function of a trademark. The…
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.
In IBM Corp. v. Zillow Group, Inc., the Federal Circuit affirmed a district court decision dismissing IBM’s patent infringement suit despite an alleged claim construction dispute, which district courts are required to resolve (or affirmatively adopt the non-movant’s construction). IBM asserted that Zillow infringed two of its patents directed…
In the most recent of three Copyright Review Board decisions regarding artificial intelligence (“AI”) works, the Board once again found that an artistic work generated by inputting the author’s photograph of a sunset and Van Gogh’s The Starry Night, into the RAGHAV AI Painting App, then selecting the intensity…
How should courts resolve patent infringement disputes where patients rely on allegedly infringing treatments? The U.S. District Court for the Middle District of North Carolina (the “Court”) recently grappled with this question in granting a preliminary injunction against NeoGenomics for their product “RaDaR,” in which allegedly infringes two of…
Found a mistake in your patent? You might want to get it fixed at the U.S. Patent and Trademark Office (“PTO”). If the mistake is not corrected by the PTO, your patent may be found invalid in court. On December 14, 2023, the Southern District of Texas (“the court”)…
The Second Circuit was the first Circuit Court to address Jack Daniel’s Properties, Inc. v. VIP Products LLC, where the Supreme Court explained that when an alleged trademark infringer relies upon the goodwill of a trademark owner to market its own goods, the standard likelihood of confusion test applies…
On November 27, 2023, U.S. District Judge Connolly ruled that patent monetization firm and de facto patent owner, IP Edge, and its affiliated business Mavexar, engaged in a fraudulent strategy of (1) conveying various computer and cellphone patents, and de minimis rights therein, to third-party shell LLCs, and then…
In a pivotal decision that could expand copyright protection in the digital media world, the United States Court of Appeals for the Ninth Circuit reversed and remanded the district court’s dismissal of world-renowned choreographer Kyle Hanagami’s complaint alleging Epic Games, Inc. infringes part of Hanagami’s dance that is registered…
The consequences of pushing zealous advocacy beyond reasonable limits can be severe. A recent Federal Circuit decision illustrates just how severe: in In re PersonalWeb Techs, a three-judge panel affirmed a $5.2 million attorneys’ fee award to the alleged infringer after over a decade of patent infringement litigation. The…
On October 17, 2023, the Third Circuit held that Janssen Products, L.P. and Pharma Mar, S.A. (“Janssen”) could not immediately appeal the denial of its ex parte seizure application requesting the District Court of New Jersey (“District Court”) to seize various property. In doing so, the Third Circuit found…
Challenging years of perceived overreach, the Court of Appeals for the Federal Circuit (CAFC) recently questioned whether the Trademark Office had been operating beyond its sanctioned powers for years. After a trademark has been registered for five years, the owner can file a Declaration of Incontestability, providing robust protection…
Nothing can stop Fat Joe, he’s all the way up…except perhaps, the Second Circuit. On October 17, the Second Circuit overruled the S.D.N.Y.’s dismissal of a songwriter’s authorship claim to Fat Joe’s “All the Way Up” before any discovery could take place, based solely on the defendants’ assertion that…
When an organization publicly disavows a trademark, does it turn over the mark to the public domain? Regarding the “Chief Illiniwek” Logo (“Chief Logo”), the Northern District of Illinois punted by denying Vintage Brand LLC and Sportswear Inc.’s (collectively, “Defendants”) motion for summary judgement that the mark was abandoned. …
This week, the U.S. District Court for the Southern District of New York dismissed Liberty Tax Services’ suit alleging trademark and trade dress infringement, trademark dilution, and defamation against AMC for AMC’s use of “Sweet Liberty Tax Services” (“SLTS”) in Season 6 of “Better Call Saul.” In Season 1,…
After first granting a request for an interim stay of an injunction entered against Evenflo Co. Inc. for selling certain car seats which were found to infringe patents owned by Wonderland Switzerland AG, the Federal Circuit later removed that interim stay as to one patent. The district court’s granting…
In a motion to dismiss before the Central District of California, District Judge Garnett made clear that personal jurisdiction stands for the foreign affiliate when the foreign affiliate is merely an “alter ego” of their domestic partner. The Central District considered a motion to dismiss for lack of jurisdiction…
Choose your trade dress carefully, if the design as a whole has any function, your trade dress may be invalid. On September 7, 2023, the Third Circuit held that a candy’s trade dress consisting of a wedge shape with red, white, and green colors was functional because the combination…
In a recent decision, the Court of Appeals for the Federal Circuit (“CAFC”) resolved district court splits regarding obviousness-type double patenting (“ODP”) by holding that ODP is still a valid challenge to patent validity and that the application of ODP is not dependent on intent of the patentee. ODP…
The U.S. District Court for the District of Columbia affirmed the Copyright Office’s denial of a copyright registration for a work of art created by an artificial intelligence (AI) computer system. Plaintiff Stephen Thaler sought to register a copyright based on visual art his computer system created, and the…
Addressing not one but three matters of first impression, the Ninth Circuit held that willful blindness giving rise to contributory trademark infringement requires a defendant to have specific knowledge of specific infringers or acts of infringement and without specific knowledge there is not a duty to search whether third…