One of the questions we hear the most from current and prospective clients is whether they should be filing a federal trademark application to protect a certain trademark. This question is often followed up with the question of which trademarks should they protect. Identifying which trademarks are important to protect and where you will get
Intellectual Property
How the NFL, pop culture, and successful advertising helped lead Campbell’s to a CHUNKY Victory
The Campbell Soup Company (“Campbell’s”) can now tell its competitors, “No CHUNKY soup for you!” Earlier this month, Campbell’s earned the United States Patent and Trademark Office’s (“USPTO”) approval to trademark the word “CHUNKY.” Campbell’s has long used the word to describe its more ingredient-filled soups, but now the Camden, New Jersey-based soup giant can…
More Than Just a Game
The issue of intellectual property used within video games is in the news again. If you haven’t already heard, wildly popular video game Fortnite features a dance called “Swipe It” that is the center of a pending lawsuit. Brooklyn-based rapper 2 Milly is claiming he created the dance in 2015 and the game’s creators swiped…
PTAB Wastes Aircraft Lav Patent
On October 23, 2018, the Patent Trial and Appeal Board (the “PTAB”) invalidated a design patent over the shape of an aircraft lavatory, because it had been on-sale prior to the filing date. U.S. Design Patent No. D764,031 S (“the ‘031 patent”) concerned the ornamental design of an aircraft lavatory where the walls were slightly…
Patent Act (Sometimes) Permits Recovery of Profits Lost on Foreign Soil
In the globalized economy, it can be hard for businesses to know what country’s laws apply. The stakes can be especially high in patent cases, which often involve millions and even billions of dollars.
The United States Supreme Court gave patent owners a victory on one aspect of this controversy last week. In Westerngeco LLC …