Eastgate IP Legal Blog
Current Events in IP, Practice Tips, ADR Topics
Standard Character Trademarks vs. Design Trademarks: The Benefits and Differences
Trademarks come in a couple of different forms. Two of the most common types of trademarks are standard character trademarks and design trademarks. While both types of trademarks serve the same purpose of protecting your brand, there are some important differences between them. This post explores...
Protect Yourself from Trademark Registration Scams
Trademark applicants should be aware that some companies send deceptive unsolicited correspondence in an attempt to get applicants to pay for unnecessary services that don't affect their trademark filing. Being aware of these practices can help applicants avoid falling victim to them. The United...
Shortened Office Action Deadline in Trademark Applications Effective December 3, 2022
The period to respond to office actions issued in trademark applications is being shortened. On December 3 the United States Patent and Trademark Office will begin to implement provisions of the Trademark Modernization Act of 2020 which shorten the office action response deadline from six months...
Epic v. Apple – Apple May Not Prohibit 3rd Party Payment Options, Fortnite Still Banned
Background Last year, Epic filed a suit alleging that Apple violated antitrust law by forcing all in-app purchases to be routed through Apple’s payment system, where Apple took a 30% cut. The suit was filed after Epic patched the iOS version of Fortnite to sell its in-game currency directly to...
Kraken Hockey Team Changes Restaurant Name After Trademark Suit from Local Bar
The Seattle Kraken hockey team announced it would change the name of its restaurant after being sued by a local bar. Seattle Hockey Partners LLC (“the Kraken Team”) announced that they would no longer name their new restaurant “The Kraken Bar & Lounge” after a trademark infringement lawsuit was filed by the Kraken Bar in Seattle.
Warner Brothers Patents Shadow of Mordor’s Nemesis System
Warner Brothers studios has secured patent protection for Shadow of Mordor’s Nemesis System, sparking a debate about the role of IP in the gaming industry.
Canopy Growth sues GW Pharmaceuticals for Infringing Cannabis Patent
Canopy Growth Co, one of the world’s largest cannabis companies, has filed suit alleging that GW Pharmaceuticals’ process for producing Epidiolex infringes Canopy’s patented claims directed to subcritical CO2 cannabis extraction.
Supreme Court Takes Up Arthrex – A Review of the Issues
The Supreme Court granted certiorari to review the Arthrex v. Smith & Nephew Federal Circuit decision. The case presents two issues concerning whether Administrative Patent Judges of the Patent Trial and Appeal Board are constitutionally appointed: Whether Administrative Patent Judges (APJs)...
New Patent License Considerations After Immunex
The Federal Circuit expanded upon the “all substantial rights” test used to determine whether a licensed patent is effectively owned by the licensee for obviousness-type double patenting in Immunex v. Sandoz.
Apple, Cisco, Google, Intel Sue the Director of the USPTO Alleging Purported New Rule Applying Fintiv Factors Violates Administrative Procedure Act
Apple, Cisco, Google, and Intel have sued the Director of the USPTO, challenging a purported new rule alleged to violate the Administrative Procedures Act and exceed the Director’s statutory authority.
Epic Games Sues Apple and Google after Fortnite Removed from Digital Stores
The latest version of Fortnite has been banned from Apple and Google’s app stores for including direct-payment functionality, and developer Epic Games has filed suit against both companies.
PTAB Applies Fintiv Factors in Deciding Whether to Institute Post-Grant Proceedings with Co-Pending District Court Litigation – Designates Two Decisions Informative
Two newly designated cases provide insight into whether the Board is likely to deny institution in view of parallel court litigation.
Supreme Court finds a “generic.com” style domain name eligible for trademark protection – USPTO v. Booking.com
“Booking.com” — a “generic.com” style domain for a digital booking company of the same name — was found to be eligible for trademark protection in view of evidence that consumers do not consider the term “Booking.com” to refer to a generic class of booking services.
Inventorship for Inventions Created by Artificial Intelligence
The US Patent and Trademark Office (USPTO) has ruled that artificial intelligence systems cannot be credited as an inventor in a patent — raising questions about the patentability of AI generated inventions.
USPTO Further Extends Certain Patent and Trademark Deadlines Due to COVID-19
The United States Patent and Trademark Office (USPTO) is offering further extensions to certain deadlines falling between March 27 and May 31 to applicants affected by COVID-19.
Celebrating World IP Day
Every year on April 26, patent offices around the globe celebrate the positive impact intellectual property has made over the last year.
USPTO Offers 30-Day Extension for Certain Patent and Trademark Deadlines Due to COVID-19
The USPTO offered new 30-day extensions to certain deadlines falling between March 27, 2020 and April 30, 2020 due to the coronavirus pandemic.
The USPTO is no longer accepting PCT Collaborative Search and Examination Requests
The USPTO is no longer accepting requests to participate in the Collaborative Search and Examination (CS&E) pilot.
New Rule Mandates Electronic Filing For Trademarks
Trademark applicants and registrants will be required to file trademark applications and related documents using the Trademark Electronic Application System (TEAS) according to a new final rule issued by the USPTO.
Standard Character Trademarks vs. Design Trademarks: The Benefits and Differences
Trademarks come in a couple of different forms. Two of the most common types of trademarks are standard character trademarks and design trademarks. While both types of trademarks serve the same purpose of protecting your brand, there are some important differences...
Protect Yourself from Trademark Registration Scams
Trademark applicants should be aware that some companies send deceptive unsolicited correspondence in an attempt to get applicants to pay for unnecessary services that don't affect their trademark filing. Being aware of these practices can help applicants avoid...
Shortened Office Action Deadline in Trademark Applications Effective December 3, 2022
The period to respond to office actions issued in trademark applications is being shortened. On December 3 the United States Patent and Trademark Office will begin to implement provisions of the Trademark Modernization Act of 2020 which shorten the office action...
Epic v. Apple – Apple May Not Prohibit 3rd Party Payment Options, Fortnite Still Banned
Background Last year, Epic filed a suit alleging that Apple violated antitrust law by forcing all in-app purchases to be routed through Apple’s payment system, where Apple took a 30% cut. The suit was filed after Epic patched the iOS version of Fortnite to sell its...
Kraken Hockey Team Changes Restaurant Name After Trademark Suit from Local Bar
The Seattle Kraken hockey team announced it would change the name of its restaurant after being sued by a local bar. Seattle Hockey Partners LLC (“the Kraken Team”) announced that they would no longer name their new restaurant “The Kraken Bar & Lounge” after a trademark infringement lawsuit was filed by the Kraken Bar in Seattle.
Warner Brothers Patents Shadow of Mordor’s Nemesis System
Warner Brothers studios has secured patent protection for Shadow of Mordor’s Nemesis System, sparking a debate about the role of IP in the gaming industry.
Canopy Growth sues GW Pharmaceuticals for Infringing Cannabis Patent
Canopy Growth Co, one of the world’s largest cannabis companies, has filed suit alleging that GW Pharmaceuticals’ process for producing Epidiolex infringes Canopy’s patented claims directed to subcritical CO2 cannabis extraction.
Supreme Court Takes Up Arthrex – A Review of the Issues
The Supreme Court granted certiorari to review the Arthrex v. Smith & Nephew Federal Circuit decision. The case presents two issues concerning whether Administrative Patent Judges of the Patent Trial and Appeal Board are constitutionally appointed: Whether...
New Patent License Considerations After Immunex
The Federal Circuit expanded upon the “all substantial rights” test used to determine whether a licensed patent is effectively owned by the licensee for obviousness-type double patenting in Immunex v. Sandoz.
Apple, Cisco, Google, Intel Sue the Director of the USPTO Alleging Purported New Rule Applying Fintiv Factors Violates Administrative Procedure Act
Apple, Cisco, Google, and Intel have sued the Director of the USPTO, challenging a purported new rule alleged to violate the Administrative Procedures Act and exceed the Director’s statutory authority.
Epic Games Sues Apple and Google after Fortnite Removed from Digital Stores
The latest version of Fortnite has been banned from Apple and Google’s app stores for including direct-payment functionality, and developer Epic Games has filed suit against both companies.
PTAB Applies Fintiv Factors in Deciding Whether to Institute Post-Grant Proceedings with Co-Pending District Court Litigation – Designates Two Decisions Informative
Two newly designated cases provide insight into whether the Board is likely to deny institution in view of parallel court litigation.
Supreme Court finds a “generic.com” style domain name eligible for trademark protection – USPTO v. Booking.com
“Booking.com” — a “generic.com” style domain for a digital booking company of the same name — was found to be eligible for trademark protection in view of evidence that consumers do not consider the term “Booking.com” to refer to a generic class of booking services.
Inventorship for Inventions Created by Artificial Intelligence
The US Patent and Trademark Office (USPTO) has ruled that artificial intelligence systems cannot be credited as an inventor in a patent — raising questions about the patentability of AI generated inventions.
USPTO Further Extends Certain Patent and Trademark Deadlines Due to COVID-19
The United States Patent and Trademark Office (USPTO) is offering further extensions to certain deadlines falling between March 27 and May 31 to applicants affected by COVID-19.
Celebrating World IP Day
Every year on April 26, patent offices around the globe celebrate the positive impact intellectual property has made over the last year.
USPTO Offers 30-Day Extension for Certain Patent and Trademark Deadlines Due to COVID-19
The USPTO offered new 30-day extensions to certain deadlines falling between March 27, 2020 and April 30, 2020 due to the coronavirus pandemic.
The USPTO is no longer accepting PCT Collaborative Search and Examination Requests
The USPTO is no longer accepting requests to participate in the Collaborative Search and Examination (CS&E) pilot.
New Rule Mandates Electronic Filing For Trademarks
Trademark applicants and registrants will be required to file trademark applications and related documents using the Trademark Electronic Application System (TEAS) according to a new final rule issued by the USPTO.