Federal Circuit Holds That Claim Language Can Limit The Scope Of A Design Patent

In Curver Luxembourg SARL v. Home Expressions Inc., case number 18-2214, the U.S. Court of Appeals for the Federal Circuit recently held that the claim language of a design patent can limit its scope where the claim language supplies the only instance of an article of manufacture that appears nowhere in the figures.

Plaintiff Curver had asserted U.S. Design Patent No. D677,946 (‘946 patent), entitled “Pattern for a Chair” and claiming an “ornamental design for a […]

By | October 4th, 2019 ||

Trademark Owners, Watch Out! USPTO Getting Strict On Trademark Specimens

In order to register a trademark based on use in commerce, or to renew a registration based on a foreign or international registration, trademark owners are required to verify that the mark is in use in U.S. commerce with all goods or services listed in the application or registration. In addition, the mark owner must file proof of use (a “specimen”) that demonstrates use of the mark in commerce in connection with at least […]

By | September 23rd, 2019 ||

Trademark Licensees May No Longer Need To Fear Rejection (In Bankruptcy)

In Mission Prod. Holdings, Inc. v. Tempnology, LLC, the U.S. Supreme Court issued an opinion at the intersection of trademark and bankruptcy law. The Court resolved a circuit split on the issue of whether the “rejection” of a trademark license agreement by the licensor under Section 365(a) of the U.S. Bankruptcy Code (the Code) bars the licensee from continuing to use the trademark. Justice Kagan, writing for an 8-1 Court, answered with a resounding “No.”
BACKGROUND
In […]

By | August 28th, 2019 ||