Recently I’ve had a number of client inquiries about non-fungible tokens. This article does a good job of explaining what an NFT is and how it may be protected.
Author Archives: hjsumner
Diminishing Success Rate in Successive Office Action Responses
Before engaging with a client in a new patent application I make a point of reviewing the overall grant rate statistics. Typically, the acceptance rate for patent applications in the United States hovers right around 50%. In 2020, the grant rate was 53% meaning that nearly half of the patent applications submitted never resulted inContinue reading “Diminishing Success Rate in Successive Office Action Responses”
Producers of Better Call Saul Sued for Trade Dress and Trademark Infringement
Liberty Tax Services recently filed suit against AMC Networks and Sony Pictures, claiming that the disreputable “Sweet Liberty Tax Services,” portrayed in the series, infringed the company’s trademark and trade dress. The suit alleges “dilution, defamation, disparagement, and injurious falsehoods” based on the unflattering light in which the fictional business was portrayed. Click here forContinue reading “Producers of Better Call Saul Sued for Trade Dress and Trademark Infringement”
USPTO Spoofing Scam – Beware!
Recently USPTO Trademark applicants have been receiving calls from scammers claiming to be from the USPTO. The call identifier may note “USPTO”; however, these calls are being spoofed. Generally speaking, you will not receive a call from the USPTO unless you are a pro se applicant and have a trademark that is currently in theContinue reading “USPTO Spoofing Scam – Beware!”
Scotch Whisky Association Successfully Registers “Scotch Whisky”
Fellow Scottish whiskey (or more correctly, whisky) buffs will appreciate the recent registration of SCOTCH WHISKY by the Scotch Whisky Association. (See U.S. Reg. No.6763223). This registration will help to ensure that whiskeys labeled “Scotch Whisky” were manufactured in Scotland in accordance with their high standards.
U.S. Copyright Claims Board Offers a Low Cost Path to Enforcement
The U.S. Copyright Claims Board recently went live, offering copyright holders a low cost method of enforcement. The filing fee is $100, an attorney is not required, and the damage award is capped at $30,000. Registered copyright holders may choose to opt out and take the traditional federal suit route for larger damage claims. OneContinue reading “U.S. Copyright Claims Board Offers a Low Cost Path to Enforcement”
Copyright Day 2022 – What works are now in the public domain?
The written works Winnie-the-Pooh and Bambi are now in the public domain. Click here for a list of this year’s releases.
Weaponizing Copyrights in Cancel Culture
Recently many have been turning to copyrights as a means of punishing or silencing their opponents. In one recent case, a police officer relied on Taylor Swift’s copyright to prevent a private citizen from posting cell phone footage of an unflattering interaction. The officer played Swift’s music on his own phone while being recorded andContinue reading “Weaponizing Copyrights in Cancel Culture”
Native American tribes permitted to add tribal insignias in the USPTO’s database for free
Official tribal insignias of federally or state-recognized American Indian and Alaska Native tribes can now be included in the USPTO database for no cost. These marks will be considered when examining pending trademark applications. Click here for full article
10 Senators Urge Biden to Waive COVID-19 Patent Rights
10 democratic Senators are hoping Biden will provide a temporary patent waiver for COVID-19 vaccinations. This would allow countries to manufacture the vaccines locally but will it affect the safety and efficacy of these immunizations? CLICK HERE FOR FULL ARTICLE