Google v. Oracle – Supreme Court Issues Landmark Opinion On Fair Use; Sidesteps Interface Copyrightability

On April 5, the U.S. Supreme Court found that Google’s copying of Oracle code was fair use, putting an end to a $9 billion infringement suit, clarifying or revising several important points of copyright law, and significantly altering the legal rules for software interoperability.

The dispute between Oracle and Google stemmed from Google’s desire to (1) make its Android smartphone platform similar enough to Oracle’s Java programming language that the significant existing population of Java […]

By | July 9th, 2021 ||

Trademark Modernization Act Of 2020 Provides New Tools For Removing Deadwood Trademark Registrations

Under US law, to obtain a trademark registration, an Applicant must demonstrate a bona fide use of the mark in the ordinary course of trade. In recent years, there has been a dramatic increase in trademark applications that falsely claim a bona fide use in trade. As a result, the United States Patent and Trademark Office (“USPTO”) has been issuing and maintaining registrations for trademarks that should never have issued. When such fraudulent registrations remain on the Trademark […]

By | July 8th, 2021 ||

What Should Trademark Owners Know About The Trademark Modernization Act?

In recent years, the U.S. Patent and Trademark Office (“USPTO”) has seen a substantial increase in the number of trademark applications and registration maintenance filings with fraudulent or inaccurate claims of use in commerce. Although subject to third-party cancellation challenges, inaccurate registrations clutter the trademark register and make it difficult for businesses to adopt and/or register new marks.

Signed into law on December 27, 2020, the Trademark Modernization Act of 2020 (“TMA”) aims to improve […]

By | June 23rd, 2021 ||