For the serious handbag collector, purchasing a Hermès Birkin is a pinnacle achievement. Beyond the eye-watering price tag for the purse alone, being offered a Birkin for purchase is often the result of several thousand dollars in prior sales with Hermès and a positive, established relationship with a salesperson who is authorized to offer Birkin
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Federal Circuit Confirms Patent Applications Are Prior Art – Effective at the Filing of the Application, Not the Publication Date
On October 10, 2024, during an oral argument, the Federal Circuit was presented with an argument that patent applications, filed before the filing date of the challenged patent but not published until after the filing date of the challenge patent, are not “printed publications.” The panel admitted that the argument carried weight, creating worry in…
Copyright and Trademark Guidelines for “The Big Game”
This article was originally published by Biz New Orleans.
NEW ORLEANS – Devin Ricci and Mary Love, Intellectual Property Lawyers with Kean Miller LLP, have issued a statement urging businesses and individuals to exercise caution to avoid unauthorized use of NFL-related branding or while streaming game broadcasts to avoid hefty fines or legal…
DON’T FORGET THE ®!
An owner of a trademark or service mark used in commerce may request registration on the principal register by filing an application with United States Patent and Trademark Office. The registration provides certain benefits including prima facie proof of ownership and validity and constructive use throughout the country. While registration is great for brand management…
USPTO Issues Inventorship Guidance For AI-Assisted Inventions
In the fall of 2023, the Biden Administration issued the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.[1] In section 5.2 of the order, the administration charged the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USTPO) with three…
Copyright Office Rejects Another Bid to Register Artwork “Co-Authored” by AI
By Devin Ricci
On December 11, 2023, the Copyright Review Board affirmed the Copyright Office’s decision to reject Ankit Sahni’s application to register the AI-generated work depicted above. The artwork, entitled “SURYAST” was based on a photograph taken by Sanhi, which Sanhi submitted into the RAGHAV Artificial Intelligence Painting App (“RAGHAV”) and instructed to paint in the style…
Apple Watch Ban Highlights Pros and Cons of Litigating Patents at the International Trade Commission
By Devin Ricci
The big patent news this holiday season involves a purported ban on the new Apple Watch. In October 2023, the International Trade Commission (the “ITC”) ruled that the blood oxygen monitoring features in these devices infringed a patent from Masimo, a medical device company. (Inv. No. 337-TA-1266). In response, Apple has announced that it will…
Protecting Your Brand 101
By Devin Ricci
Trademarks and service marks (collectively, “trademarks”) are source identifiers or brand names. For example, JUST DO IT ® identifies a brand of athletic clothing and gear by Nike. A trademark is essentially a word, phrase, symbol, design or combination thereof that is used to identify and distinguish the source of one party’s goods or services…
Patented Invention Spotlight – Aqua Dam by Layfield Group
By Devin Ricci
The City of Baton Rouge and the surrounding areas have been struck by devastating floods. Thousands were stranded. The roadways to their homes are flooded and most impassable. Flooding is not new to Louisiana. Just over ten years ago, the state experienced one of the most devastating natural disasters on record with Hurricane Katrina. Since…
Googling the Marketplace of Ideas
For many inventors, the grant of a patent application is quite exciting. However, once the inventor seeks to market their invention, they can find the process costly and overwhelming. Often when small companies or solo inventors develop new ideas that are later patented, they discover that manufacture or use of the patented invention is unmanageable…