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
Intellectual Property
More Than Just a Game
By William W. Stroever & Nicole Indelicato on
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
By Daniel Agius on
Posted in Intellectual Property, Patents
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
By David M. Kohane on
Posted in Patents
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 …
The New Tax Law May Make Your Patents and Other IP Less Valuable
By David M. Kohane & Juliya L. Ismailov on
One little-publicized part of the new tax law (Tax Cuts and Jobs Act of 2017) may negatively affect the value of some patents and other intellectual property. It does so by changing the tax treatment of income from sales of “patents, models and secret formulas or processes” from capital gains to ordinary income.
Prior to…