How To Establish A Bona Fide Intent To Use For A Trademark Application

Before 1988, the U.S. Trademark Law (known as the Lanham Act) required an applicant to have begun to use a mark in commerce before applying to register it.  This use requirement was loosely interpreted to permit owners to obtain rights by making “token use” of their marks.

In 1988, the Law was changed to permit an application to be filed before use if, at the time the applicant applies for registration, the applicant has a […]

By | October 15th, 2019 ||

Do Your Homework Before Suing For Patent Infringement

The federal patent laws provide for an award of attorneys’ fees to the prevailing party in exceptional patent infringement cases.  35 U.S.C. §285.  An exceptional case is determined based on the totality of the circumstances.  A case can be exceptional due to a substantive legal position taken by a party or a party’s unreasonable litigation tactics.  Courts can and will award attorneys’ fees to a prevailing defendant if the plaintiff was not justified in […]

By | October 8th, 2019 ||

Supreme Court Ruling In Pirate Ship Copyright Case Could Sink State Immunity

The Supreme Court is set to hear the case of Allen v. Cooper which addresses the constitutionality of the Copyright Remedy Clarification Act (“CRCA”). The purpose of the CRCA is to abrogate sovereign immunity enjoyed by States and State actors under the Eleventh Amendment for claims of copyright infringement. The CRCA provides as follows:

Any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting […]

By | October 8th, 2019 ||