Weekly IP Buzz for week ending January 5, 2018
Protecting Trademarks Internationally; Using More Than "Common Sense" to Analyze Patent Validity; Grumpy Cat and Alleged Infringement
Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending January 5, 2018.
Tips for Protecting Trademarks Internationally
Brand owners and companies should consider maintaining strong trademark protection in the foreign jurisdictions where they often conduct business. If a company maintains some trademarks worldwide and others only regionally, this may leave that brand open to claims of trademark infringement, unfair competition, or even abandonment. More
PTAB Judges Will Have to Use More Than Just “Common Sense” When Analyzing the Validity of a Patent During Patent Litigation, Says Federal Circuit
The U.S. Court of the Appeals for the Federal Circuit recently made it clear that judges cannot rely on common sense alone when analyzing the validity of a patent during patent litigation. The Court ruled that the Patent Trial and Appeal Board (“PTAB”) was wrong in invalidating a patent Arendi S.A.R.L. had asserted against Apple and Google on the basis of “common knowledge and common sense” alone. The Court held that for the PTAB to invalidate a patent, there would have to be something more to back up the ruling, and they could not rely solely on “common sense.” More
Grumpy Cat Gets Grumpier Over Alleged Infringement
Grumpy Cat, famous for her dour looks and internet popularity, has a new complaint. In a Central District of California complaint filed on her behalf, “[i]ronically, while the world-famous feline Grumpy Cat and her valuable brand are most often invoked in a tongue-and-cheek fashion, Defendants’ despicable misconduct here has actually given Grumpy Cat and her owners something to be grumpy about.” More
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.