In June of 2018, California enacted the California Consumer Privacy Act (the “CCPA”), the most comprehensive data privacy law to date in the United States. The CCPA originally began as a ballot initiative. However, the sponsor of that ballot initiative withdrew the measure when the California legislature agreed to pass […]
Technology & Intellectual Property Update
Laches as a Defense to Trademark Infringement
Businesses are often confronted with trademark issues surrounding the similarity of their brands creating potential trademark infringement. But trademark infringement is usually anything but a black-and-white analysis. In evaluating whether a trademark infringes another mark, the standard used is whether the junior mark (i.e. the mark second to the market) […]
Patent and Trademark Office Proposes Rule Requiring Trademark Applicants to Use U.S.-Licensed Attorneys
On February 15, 2019, the United States Patent and Trademark Office (the “Office”) published a proposed rule that would require a U.S.-licensed attorney to represent a foreign applicant or registrant before the Office in trademark matters. The proposed rule would amend the Rules of Practice in Trademark Cases and the […]
Don’t Be Duped By Trademark Scams
Trademark scams is a problem that has been steadily increasing over the past few years. If you receive correspondence about your trademarks from someone other than your trademark attorney—correspondence that looks like an invoice or an offer for trademark services—it may not be legitimate. With technological advancements, it is now […]
Patent Office Revisits Subject Matter Eligibility and Addresses Certain Functional Claim Limitations in New Guidance
On January 7, 2019, revised guidance from the United States Patent and Trademark Office on patent subject matter eligibility took effect, paving the way for what many stakeholders expect to be a decrease in the number of patent claim rejections under 35 U.S.C. §101. The guidance attempts to provide a […]