Federal Circuit Finds the Disparagement Provision of the Lanham Act Unconstitutional

This presentation provides information concerning the recent In re Tam case in which the Federal Circuit held that the disparagement provision of §2(a) of the Lanham Act is unconstitutional because it violates the First Amendment right of free speech. It…

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Primer on International Copyright Protection

This presentation includes a discussion of the Trans-Pacific Partnership and an in-depth explanation of copyrights from an international perspective. In particular, the presentation has information concerning what copyrights protect, examples of copyright protection, and the treaties involved such as the…

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The Story of the Coca-Cola Bottle

Today marks the 100th Anniversary of the design patent covering the classic Coca-Cola bottle. Developed in Terre Haute, Indiana, by the Root Glass Company, the classic Coca-Cola bottle was developed to provide a distinctive package for the popular drink. Versions…

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Protecting Trademarks from Registration with an Unwanted Domain Name

General registration has begun for websites including the generic top level domains (gTLDs) .sex, .porn, .XXX, and .adult, thus allowing the public to purchase domain names ending with these extensions. Registration is on a first come, first serve basis and…

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An Introduction to Intellectual Property Law

This presentation addresses common questions concerning intellectual property law, and explains why intellectual property (IP) is usually the most valuable asset for businesses. The presentation gives information about patents, trademarks, copyrights, and trade secrets. It provides information about how to…

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The After-Final Consideration Pilot 2.0 (AFCP 2.0) and Quick Path IDS (QPIDS) Pilot Have Been Extended

The After-Final Consideration Pilot 2.0 (AFCP 2.0) and Quick Path IDS (QPIDS) pilot have been extended to September 30, 2016. AFCP 2.0 authorizes additional time for examiners to search and/or consider responses after final rejection. The QPIDS pilot program eliminates…

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USPTO Announces Next Generation Trademark Manual of Identification and Classification of Goods and Services (IDM-NG)

The USPTO has announced the deployment of the Version 2.1 of the Next Generation Trademark Manual of Identification and Classification of Goods and Services (IDM-NG) available at tmidm.uspto.gov. The IDM-NG search system and results display have been updated to include…

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USPTO Provides Statistics on Petition Pendency

The United States Patent and Trademark Office has launched a new website—the USPTO Patents Petitions Timeline. The new website provides the average pendency and success rates (over the past 12 months) for each type of petition that can be filed…

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July 2015 Patent Case Update

The Supreme Court addressed a number of patent law topics this year, including the standard of review for patent claim construction (Teva Pharmaceuticals v. Sandoz), royalties on expired patents (Kimble v. Marvel Enterprises), and defenses to claims of induced infringement…

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Recent Change to the Indiana Code to Address Patent Demand Letters from Patent Trolls

HEA No. 1102 Bad Faith Assertions of Patent Infringement The following presentation describes a recently passed, and soon to be signed, Indiana law regarding how to address the problem of bad-faith assertions of patent infringement by patent assertion entities, sometimes…

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International Symposium on Intellectual Property Financing

Chuck Schmal recently traveled to Hanoi and Ho Chi Minh City in Vietnam to participate in the International Finance Corporation of the World Bank Group’s International Symposium on Intellectual Property (IP) Financing. The purpose of the symposium was to provide…

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May 2015 Administrative Estoppel Presentation

The following presentation provides an overview of administrative estoppel and its preclusive effects in relation to intellectual property cases. To view the presentation, visit: Administrative Estoppel from Woodard, Emhardt, Henry, Reeves & Wagner, LLP

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