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Trademarks › Software

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Katten Muchin Rosenman LLP

Wise Up: UK Court Invalidates Broad Software Terms in Landmark Decision Post-SkyKick

Katten Muchin Rosenman LLP on

Hot on the heels of our recent update on the UK Intellectual Property Office's (UKIPO) revised approach to bad faith objections (UKIPO/SkyKick), we now have the first, and eagerly anticipated, English court decision assessing...more

Baker Donelson

Think While You Are Using AI Coding

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Vibe coding is revolutionizing software development. The integration of generative AI tools into software development, such as ChatGPT's Agen, GitHub Copilot, Coursiv, and similar platforms, is revolutionizing how code is...more

Jones Day

The UK Getty Trial: Key Takeaways on the AI/Copyright Case

Jones Day on

Getty Images ("Getty") alleged copyright infringement by Stability AI ("Stability"), including claims of direct copying during artificial intelligence ("AI") training and output generation, as well as secondary copyright...more

ArentFox Schiff

Strategies for Safeguarding AI Innovation: Navigating the Complex IP Landscape for AI Technologies

ArentFox Schiff on

The protection of intellectual property (IP) is vital in the fiercely competitive artificial intelligence (AI) industry, necessitating a deep understanding of how the complex IP framework can be effectively leveraged to...more

Morrison & Foerster LLP

UK Supreme Court Ruling: Sky Falls in Pivotal Trade Mark Battle with SkyKick

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The wait is over! The UK Supreme Court has handed down its judgment in the closely followed and long-running litigation between Sky, the well-known television and broadband company, and SkyKick, a lesser-known cloud computing...more

Dorsey & Whitney LLP

Central District Finds SnapChat’s Spectacles Mark is Not Generic for Smart Glasses

Dorsey & Whitney LLP on

In Snap, Inc. v. Vidal, the Central District of California found the Trademark Trial and Appeal Board (“TTAB”) was wrong in finding that SnapChat’s SPECTACLES mark is generic for smart glasses. The district court’s opinion...more

Smart & Biggar

Upcoming amendments to the Regulation respecting the language of commerce and business

Smart & Biggar on

On June 26, 2024, the Regulation to amend mainly the Regulation respecting the language of commerce and business (the Regulation) was published in the Gazette officielle du Québec. The Regulation introduces significant...more

Bodman

New Patent Office Guidance Clarifies Application Requirements for Design Patent Protection of Computer-Generated Images, Icons and...

Bodman on

The U.S. Patent and Trademark Office published new guidance in the Federal Register on November 17, 2023, that clarifies the requirements for design patents of computer-generated images, icons, and graphical user interfaces. ...more

Foley & Lardner LLP

The Importance of Due Diligence in M&A Transactions

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In any merger or acquisition, the due diligence stage is one of the most critical steps. It allows the acquiring company to identify dealbreakers, assess risks, make informed decisions, negotiate effectively, ensure...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - Paralegal Insights: A Collaborative Trademark Practice, Series 3

Williams Mullen on

What is necessary to show use of the mark with products? What to know about Class 9 product specimens? What to know about software specimens? Tune into the latest episode of Trending Now - An IP Podcast with Janet Cho and...more

Robinson & Cole LLP

IP+T Intelligence Newsletter - Q4 2021

Robinson & Cole LLP on

Tucked into last December’s stimulus and relief package were critical reforms in intellectual property law, designed to empower trademark and copyright owners by providing stronger enforcement tools. The Trademark...more

Perkins Coie

China Courts Adopt Concurrent Partial Judgments and Preliminary Injunctions in New Model for Complex Copyright and Patent Civil...

Perkins Coie on

High complexity, long trial periods from filing the case to receiving the judgment, and high costs have long been considered drawbacks of filing civil patent and copyright infringement cases in China. These concerns have been...more

Weintraub Tobin

The Sleekcraft Factors And “Reverse Confusion” Trademark Infringement

Weintraub Tobin on

What happens when a junior trademark holder’s business becomes so popular and well known that it threatens to swamp the reputation of a senior mark holder? The senior mark holder brings a trademark infringement case alleging...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - January 2020: "Soft" IP Takes Center Stage at the Supreme Court

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

The “soft” IP world is looking forward to rulings in six trademark and copyright cases this term, far more than in recent years, and all of which address points of uncertainty that will impact trademark and copyright...more

International Lawyers Network

News Highlights: IP&IT Novelties In Russia Of 2019

International Lawyers Network on

THE GEOGRAPHICAL INDICATIONS AS THE NEW INTELLECTUAL PROPERTY ITEM - According to the Federal Law “On the Introduction of Amendments to Part Four of the Civil code of the Russian Federation” that shall come into force on...more

Sheppard Mullin Richter & Hampton LLP

Intellectual Property Outlook: Cases and Trends to Follow in 2020 – Part 1

Sheppard Mullin Richter & Hampton LLP on

PART 1: IP ISSUES CURRENTLY PENDING BEFORE THE SUPREME COURT - In the first part of our series, we briefly summarize the intellectual property issues that the Supreme Court has already agreed to address in 2020. In...more

K&L Gates LLP

Sky v Skykick AG – Is This the End of a Claim for “Computer Software?”

K&L Gates LLP on

On 16 October 2019, Advocate General Tanchev of the CJEU has issued his opinion in Sky v SkyKick one of the most intriguing trade mark cases at the moment which will likely have a significant impact on EU trade mark law....more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 17, Issue 2

McDonnell Boehnen Hulbert & Berghoff LLP on

USPTO Issues CBD Trademark Guidelines in Light of the 2018 Farm Bill: Key Takeaways - On May 2, 2019, the USPTO released its new guidelines on how it will examine federal trademark applications for CBD products in light of...more

Brooks Pierce

NC Business Court On Conversion Of Electronic Data

Brooks Pierce on

The Defendant in SQL Sentry, LLC v. ApexSQL, LLC, 2017 NCBC 105 was alleged to have copied the Plaintiff's software program which was designed to make "resource intensive T-SQL queries. . . in the Microsoft enterprise...more

Mintz - Health Care Viewpoints

Building a Health App? Part 2: Protecting Your Intellectual Property

Mintz - Health Care Viewpoints on

This post is the second in a series of weekly blog posts covering legal issues for consideration during the early stages of development of a health app and providing best practices to help guide you through a successful...more

McDermott Will & Schulte

Federal Circuit Instructs TTAB to Revisit Software Services as Evidence of Use

McDermott Will & Schulte on

On appeal from the Trademark Trial and Appeal Board (TTAB), the US Court of Appeals for the Federal Circuit reviewed the issue of trademark use in commerce and, more specifically, the extent to which certain services can be...more

Gray Reed

Back to Basics: Trademarks – Part 3

Gray Reed on

Have you used your mark in commerce and what is the impact of that? If you are already selling your product or service with the mark on it, you are “using” your mark in commerce. As a result, you will need to provide...more

Morrison & Foerster LLP

Copyright: Europe Explores Its Boundaries - CJEU Draws the Line with the Resale of Back-Up Copies of Computer Programs

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Europe’s highest court has ruled that software owners have potentially greater rights to prevent the resale of back-up copies of their works than may exist in relation to the original licensed programs. The Court of...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Spotlight on the Highlights -- Clarifications and Changes in the April 2016 TMEP

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

On April 30, 2016, the USPTO issued the April 2016 Trademark Manual of Examining Procedure ("TMEP"), the latest update to the go-to resource for how to prosecute applications to register trademarks with the USPTO. This...more

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. Trade Representative Issues 2016 Special 301 Report

McDonnell Boehnen Hulbert & Berghoff LLP on

On April 27th, Ambassador Michael B.G. Froman, U.S. Trade Representative (USTR), issued the 2016 Special 301 Report. According to the USTR website, "[i]ntellectual property is a critical source of economic growth and...more

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