Intellectual Property, Venable LLP updates


Contributed by Venable LLP
Approaching 420: cannabis trademark scene one year on from USPTO examination guidelines
  • USA
  • 19 October 2020

Products involving CBD and hemp seeds have been flooding the US market and businesses are seeking to protect their brands in connection with products in this emerging market, given the legalisation of various forms of marijuana in individual states. Where federal or state registration is not legally obtainable with regard to various goods or services, users may be able to obtain common law rights to cannabis-related trademarks if they are in use.

Supreme Court rules that inter partes review time-bar determinations are not appealable
  • USA
  • 12 October 2020

The Supreme Court recently ruled by a seven-to-two majority that determinations by the Patent Trial and Appeal Board of whether to apply the time bar of 35 US Code 315(b) to inter partes review proceedings are not appealable. In so doing, the Supreme Court effectively abrogated the Federal Circuit's en banc decision that such determinations are appealable.

Congress acknowledges shift towards e-commerce with bills to reduce counterfeits
  • USA
  • 05 October 2020

Congress is taking action after recognising the growing problem of counterfeit and unregulated products being sold through online marketplaces and the associated safety concerns. This article provides a high-level overview of the proliferation of counterfeits on online marketplaces and summarises three pending bipartisan bills and their stated goals.

Supreme Court denies copyrightability of Georgia code annotations
  • USA
  • 28 September 2020

A recent Supreme Court decision may seem like it boiled down to an esoteric argument over the correct interpretation of a series of cases decided in the 19th century – and it did – but the ramifications of the decision will be felt in 2020 and beyond. The court, by a slim five-to-four majority, held that the annotations in Georgia's official code are not copyrightable.

Supreme Court eases path to profits recovery in Lanham Act cases
  • USA
  • 21 September 2020

In April 2020 the Supreme Court ruled that a plaintiff in a Lanham Act trademark infringement case may recover a defendant's profits without having to prove that the defendant acted wilfully. This precedential decision makes it easier for plaintiffs to obtain monetary recovery for trademark violations and false advertising under the Lanham Act.

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