Watching the 2022 Warner Brothers movie The Batman, Christopher Wozniak, a former freelance artist for DC Comics, was purportedly stunned by “so many similarities” between the movie and “his story.” Wasting no time, Wozniak filed an application with the United
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S.D.Tex. Finds Tequila Marks CASA AZUL and CLASE AZUL Not Confusingly Similar
By Publisher
Casa Tradicion, which makes and distributes tequila under the brand name CLASE AZUL, brought a trademark infringement action against Casa Azul’s use and registration of the mark CASA AZUL for its own brand of tequila. Having earlier denied Casa Tradicion’s…
SCOTUS: Justices Reject Three-Year Limit on Damages for Copyright Infringement
By Publisher
On May 9, 2024, the United States Supreme Court issued its decision in Warner Chappell Music v. Nealy, holding that a copyright owner may obtain monetary relief for any timely infringement claim, no matter when the infringement occurred—in other words,…
USPTO Issues Proposed Rulemaking Notice Relating to Terminal Disclaimer Practice
By Publisher
S.D. Florida Says That “Legacy Reunion of Earth, Wind & Fire Alumni” Is Not Entitled to Nominative Fair Use of Original Band’s Name
By Publisher
In 1970, singer Maurice White founded a musical group called Earth, Wind & Fire. The band’s timeless and unmistakable songs, including the hits “September” and “Let’s Groove,” range in genre from R&B to disco to pop. Thanks to its sustained…
Means-Plus-Function and Step-Plus-Function Claim Limitations (35 U.S.C. 112(f)): Memo to Examiners from the USPTO
By Publisher
On March 18, 2024, the United States Patent and Trademark Office (USPTO) sought to improve clarity of the patent prosecution record through providing patent examiners with reminders and increased guidance on analyzing means-plus-function and step-plus-functions claims.[1] Resources for Examining…
Prosecution Pointer 420
By Publisher
The USPTO has a webpage that contains training materials and resources used to instruct patent examiners regarding the design patent application examination process. These can provide inventors, applicants, and practitioners with information on the practices and procedures relating to the…
Courts and Legislators Addressing the Right of Publicity in the Age of AI
By Publisher
The creative promise of generative artificial intelligence (“GenAI or “AI”) is tremendous. Irrespective of artistic talent, any user can enter a text prompt into an AI tool and generate a new visual or audio work. Such AI tools also allow…
Lack of FDA Approval for Uncle Bud Means No Bona Fide Intent to Use Medical CBD Goods in Legal Commerce
By Publisher
The Trademark Trial and Appeal Board affirmed the Trademark Office’s refusal of CBH International LLC’s application to register the composite word-and-design mark depicted above for CBD-based transdermal patches. Although CBH argued that its goods could be sold legally without going…
A Tale of Widows and (Sparkling) Wine: TTAB Cancels VEUVE OLIVIER Registration for Likelihood of Confusion with VEUVE CLICQUOT
By Publisher
MHCS brought an action at the Trademark Trial and Appeal Board (TTAB) seeking to cancel Les Grand Chais de France’s registered mark VEUVE OLIVIER for “sparkling wines,” arguing that it creates a likelihood of confusion with, and dilutes, MHCS’s VEUVE…