To be eligible for trademark registration, a color must have acquired distinctiveness and must not be functional. Recently, the Federal Circuit discussed the importance that a color mark not be functional. ...more
On May 9, 2024, the U.S. Supreme Court held the Copyright Act entitles a copyright owner to obtain damages for a timely infringement claim, even if the infringement occurred prior to the Copyright Act's three-year statute of...more
In a relatively quiet third quarter of 2020, the Federal Circuit decided issues on joinder, estoppel, claim preclusion, and importantly, upheld the Patent Trial and Appeal Board process finding that cancellation of patent...more
12/7/2020
/ Claim Preclusion ,
Estoppel ,
Fifth Amendment ,
Intellectual Property Litigation ,
Inter Partes Review (IPR) Proceeding ,
Inventors ,
Joinder ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents