Prince’s Estate Succeeds in Registering the Color Purple as a Trademark

In connection with both entertainment services and audio and video recordings.  See, Prince Purple Building Registration FEB2020 and Prince Purple CD Registration MAR2020. Paisley Park Enterprises now joins the ranks of Christian Louboutin (red on the soles of shoes, where the rest of the shoe is not red), Owens-Corning Fiberglas (pink insulation), Wolf Appliances (red […]

TTAB Knocks Out Mayweather and Shows No Love to Texas

In its denial of two registration applications for slogans on the basis that neither functioned as a mark.  In re Mayweather Promotions and In re Texas with Love In Mayweather Promotions, Applicant had sought to register the slogan “PAST PRESENT FUTURE” for t-shirts.  Mayweather promotions argued that the relevant consumers were sports fans who had […]

Federal Circuit Rejects District Court’s Attempt at Judicial Efficiency

RealTime Data v Reducio Systems, Appeal No. 2019-2198, 2019-2201, 2019-2202, 2019-2204, decided October 23, 2020 Background Realtime Data (“Realtime”) is the owner of US  Patent Nos. 7,415,530, 8,717,203, 9,054,728, 9,116,908 and 9,667,751 (“the asserted patents”) with 159 issued claims between them directed to digital data compression.  Realtime filed claims of infringement against Fortinet, Reduxio Systems, […]

Squeak ’em While You Got ‘Em – Jack Daniels Petitions for Cert in Bad Spaniels Case

Jack Daniels Cert Petition And several amici have already added their voices to the din.  Most appear to have their hackles raised over the Ninth circuit’s reversal of the district court’s holding that the Bad Spaniels toy conveyed a humorous message, and as such, was an expressive work.  Uniform agreement can be transient in a […]

3rd Circuit Issues Precedential Opinion Invalidating Trade Dress Protection of a Cookie

Kaisha v Lotte Background Ezaki Glico (“EG”) is a Japanese confectionery company that developed and began selling thin, stick shaped cookies under the trade name “Pocky” in the United States in 1978.  Each cookie has some amount of the length thereof coated with chocolate, flavored cream, and/or nuts.  A portion of the length is left […]

USPTO Changes After Final Practice by MPEP Amendment

With the June 2020 revision, the patent office has changed MPEP § 706.07 to seemingly more easily allow first action final rejections, post RCE or continuation filing.  As acknowledged in the change summary (, the requirement that claims be directed to the “same invention” has been replaced with language requiring that the claims be “either […]

USPTO Amends Foreign Filing License Rules

to allow the use of ePCT to prepare an international application for filing with the US Receiving Office.  FR 2020-18743  Apparently, the rules prior to amendment allowed the export of technical data to ePCT for purposes of preparing an application for filing in a foreign receiving office, but not the US Receiving Office.

WIPO Launches New Free Database of IP Legal Decisions The WIPO announcement includes the phrase “from around the world,” which at least as of the date of this writing, is more than a tad optimistic.  Currently, 10 countries are represented and 2 of these are Jamaica and Costa Rica.  While nice places to visit, I don’t imagine their courts to be churning out […]

USPTO Provides New Anonymous Form for PTAB Decisions It used to be that nominations had to be submitted in writing to the Chief PTAB judge within 60 days of the issuance of the decision being nominated.  The new form is not date limited, and can be submitted without providing contact information.  And so, firms that represent both patent holders and petitioners can […]

SCOTUS grants cert in consolidated Arthrex cases SCOTUS has agreed to hear arguments in connection with three consolidated Arthrex cases – United States v. Arthrex (19-1434), Smith & Nephew v. Arthrex (19-1452) and Arthrex v Smith & Nephew (19-1458).  However, SCOTUS has indicated that it’s review will be limited to the issues of:   Whether APJ’s of the USPTO are principal […]