The Kardashians are involved in a trademark dispute that may be decided by the US Supreme Court. Kroma Makeup EU, LLC (“Kroma EU”) sued the Kardashians in 2014 over the Kardashians beauty products line, “Khroma Beauty”. Kroma EU was granted a license in October 2012 to import, sell and distribute “Kroma” branded beauty products in […]
Widerman Malek Law Blog
Supreme Court Decides “The Most Significant Unresolved Legal Issue in Trademark Licensing”
I previously wrote about the issue of what happens to a trademark license when the brand owner goes bankrupt. The Supreme Court’s decision seems to be good news for trademark licensees and bad news for trademark licensors. On May 20, 2019, an 8-1 Supreme Court ruled that a bankrupt company’s decision to “reject” an existing […]
Supreme Court to Tackle Issue of Who Pays Trademark Litigation Fees
The US Supreme Court agreed to decide whether the US Patent and Trademark Office’s policy of requiring its attorneys’ fees be paid regardless of the outcome of the case is legal. The district court circuit split arises from language in both the Patent Act and the Lanham Act that requires applicants, who file de novo […]
United States Trademark Office Launches Pilot Program For Trademark Cancellation Proceedings
The USPTO announced that it was launching a pilot program to streamline cancellation proceedings for registered trademarks that may have been abandoned or that the trademark owner is not currently using. The Trademark Office indicated that such trademark registrations often act as a hindrance to trademark owners that are actually using their trademarks but cannot […]
Laura Peter announced as deputy director of the United States Patent and Trademark Office
Secretary of Commerce Wilbur Ross today announced the appointment of Laura A. Peter as deputy under secretary of commerce for intellectual property and deputy director of the United States Patent and Trademark Office (USPTO), effective November 13, 2018. Peter most recently held the position of deputy general counsel of A10 Networks in Silicon Valley and […]
Trademark Piracy – Amazon Brand Registry
Over the past several months a disturbing practice has been occurring at the USPTO. Trademark pirates are fraudulently changing the email address of the correspondence section within a trademark registration. Once changed, the trademark pirate contacts Amazon Brand Registry and requests the trademark be registered to the fraudulent email address/pirate. Amazon will email a secret […]
How To Obtain A Software Patent
Up until recently, software patents accounted for about half of all patents issued by the United States Patent and Trademark Office (USPTO). The U.S. Supreme Court has since made it more difficult to receive a software patent. However, the tide is shifting back in favor of inventors and patent owners. In fact, since the initial […]
Protecting Software Using Patent And Trade Secret Law
Protecting Software Using Patent And Trade Secret Law Traditional legal strategies have pitted trade secret law and patent law against one another. This is because patents are made public while trade secrets must be kept confidential. However, there is a way to utilize the best of what both have to offer.
Overcoming Patent Application Rejections by the USPTO
35 USC §101 Rejections Since the U.S. Supreme Court decided Alice v. CLS Bank in 2014 there has been a drastic increase in 35 USC §101 rejections. The decision emphasized that inventions “directed to an abstract idea” are not patentable. The U.S. Patent Office has used this decision to reject a majority of software utility […]
Design Patents to Protect Your Software
In a previous article, we discussed a legal strategy for protecting software that involved segmenting software into three tiers and protecting each tier separately. Those tiers are as follows: Level One: User Interface Level Two: API Level Three: Algorithms and Data Structures This article focuses on the first tier, which involves how the user interacts […]
