In light of COVID-19, the USPTO is further extending the time to file certain patent and trademark-related documents and to pay certain required fees… The U.S. Patent and Trademark Office (USPTO) is further extending the time to file certain patent and trademark-related documents and to pay certain required fees in light of the ongoing coronavirus (COVID-19) pandemic. Deadlines have now been extended to June 1, 2020, for those impacted. CARES Act Authorizes USPTO to Toll Deadlines As discussed in greater detail in a prior article, the Coronavirus Aid, Relief and Economic Security (C ..read more

Partner William R. Samuels to Discuss Trademarks on New York State Bar Association’s The Basics of Intellectual Property Webinar Series On Monday, May 11, 2020, Partner and Chair of the firm’s Copyright and Trademark practice groups, William R. Samuels, will be discussing trademarks as part of a three-part webinar series. The webinar series, entitled “The Basics of Intellectual Property” is hosted by the New York State Bar Association. The series will provide a comprehensive review of varying aspects of Intellectual Property law featuring discussions led by attorneys. Virtual attendees are eli ..read more

Following a unanimous SCOTUS decision, trademark infringement cases just got a little more costly Trademark infringement cases just got a little more costly. In a unanimous decision, the U.S. Supreme Court held that a plaintiff doesn’t have to show willful trademark infringement by the defendant to obtain an award of profits. Circuit Split Over Profit Awards The Supreme Court’s decision resolves a circuit split over when a plaintiff in a trademark infringement suit may recover the defendant’s profits. The Third, Fourth, Fifth, Sixth, Seventh, and Eleventh Circuits made an ..read more

The U.S. Copyright Office has extended certain deadlines to accommodate copyright owners… The U.S. Copyright Office has extended certain deadlines to accommodate copyright owners that are prevented from completing or submitting applications for copyright registration or other documents for filing with the Copyright Office due to the Coronavirus (COVID-19). Much like the trademark and patent relief provided by the U.S. Patent and Trademark Office (USPTO), the extensions were authorized under Coronavirus Aid, Relief, and Economic Security Act (CARES Act). As set forth in a Public Notice is ..read more

The U.S. Patent and Trademark Office (USPTO) is offering relief to intellectual property owners affected by the COVID-19 pandemic… The U.S. Patent and Trademark Office (USPTO) is offering relief to intellectual property owners affected by the Coronavirus (COVID-19) pandemic. Most recently, the Director of the USPTO exercised his authority under the Coronavirus Aid, Relief and Economic Security (CARES) Act to extend certain statutory deadlines. “Inventors and entrepreneurs are the lifeblood of our economy, and we recognize that many of them are having difficulty as a result of the eff ..read more

New Jersey Manufacturer and Ford Motor Company, with the Assistance of Scarinci Hollenbeck’s Intellectual Property Group, Secures Vital Licensing Agreement Deal to Produce 400,000 Ventilators Lyndhurst, NJ – March 30, 2020 – Scarinci Hollenbeck is proud to have played a role in the production of 400,000 much-needed ventilators by working with in-house and outside counsel at Ford Motor Company to reach a vital licensing agreement deal with an NJ-based manufacturing client. Partners Ronald S. Bienstock, Jill A. Michael along with Donald M. Pepe and a small team of the firm’s intellectual prop ..read more

The Ninth Circuit Court of Appeals recently handed Led Zeppelin a hard-fought copyright victory… The Ninth Circuit Court of Appeals recently handed Led Zeppelin a hard-fought copyright victory. The federal appeals court ruled in Skidmore v. Led Zeppelin that the band classic song, Stairway to Heaven, did not infringe on the 1968 song Taurus by the rock band Spirit. In reaching its decision, the Ninth Circuit made several rulings that will impact the larger music industry, including those regarding the differences between the 1909 and 1976 Copyright Acts, the inverse ratio rule, and the scop ..read more

Trademark Infringement is on the Rise – Are You Doing Enough to Protect Your Mark? According to a new report, trademark infringement is on the rise. CompuMark’s latest research found that there has been a 15 percent increase in trademark infringement over the past two years. Spike in Trademark Infringement CompuMark’s annual report, The Trademark Ecosystem: Global insights into infringement, technology and trademark process, surveyed 351 trademark professionals from both in-house and external law departments across the United States, United Kingdom, Germany, France and Italy. It f ..read more

Trade secrets represent one of the most commonly misappropriated types of intellectual property… While it may not be a super-secret recipe like Coca-Cola, which has been kept secret by the Coca-Cola Company since 1891, most businesses have valuable information that they want to safeguard from their competition. Examples include proprietary computer code, manufacturing processes, databases, and customer lists. Trade secrets represent one of the most commonly misappropriated types of intellectual property because the information can often be so easily and quietly taken. Technology has ..read more

SCOTUS recently ruled in Nantkwest, Inc. v. Iancu that 35 U.S.C. § 145 does not require patent applicants to pay the USPTO’s attorneys’ fees when challenging a USPTO decision in federal district court… In a rebuff to the U.S. Patent and Trademark Office (USPTO), the U.S. Supreme Court recently ruled in Nantkwest, Inc. v. Iancu that 35 U.S.C. § 145 does not require patent applicants to pay the USPTO’s attorneys’ fees when challenging a USPTO decision in federal district court. The decision is good news for businesses that may have limited financial resources to challenge a USPTO decision ..read more