Author: Rackham H. Karlsson Published: April 29th, 2021 Tech companies take notice: The copyrightability of software application programming interfaces — or APIs — is on shaky constitutional ground. Click here to view entire blog article on Massachusetts Lawyers Weekly.Read More
Author: Jeannette Maurer Carmadella Published: July 27, 2020 The colossal trademark fumble of the Washington Redskins in failing to plan ahead for the need to change the team name has lessons for anyone contemplating a rebranding. The PTO’s “intent to use” application option process and other strategic preparation can avoid the vulnerable trademarkRead More
Author: Jeannette Maurer Carmadella Published: July 17, 2020 In a highly anticipated ruling, the Supreme Court has held, 8-1, that the online hotel reservation company, Booking.com, is entitled to federal trademark registration for its company name. According to the Court, the combination of “.com” with a generic and otherwise unregistrable term creates a federallyRead More
Silicon Valley Challenges the PTAB’s NHK-Fintiv Rule: Can IPRs Be Denied Based on Non-Statutory Factors?
Author: Grant Lukas Published: September 10th, 2020 Grant Lukas of Rothwell, Figg, Ernst & Manbeck, P.C. explores the contentions argued by four major technology companies – Apple, Cisco, Google, and Intel – brought in a suit against the United States Patent and Trademark Office (“USPTO”). In both Apple Inc. v. Fintiv, Inc., and NHK SpringRead More
Booking.com: The Supreme Court Considers Whether “Generic.com” Domain Names Are Entitled to Federal Trademark Protection
Author: Lutzker & Lutzker Published: May 19, 2020 On May 4, 2020, for the first time in history, the Supreme Court heard oral arguments through a telephone conference call in United States Patent and Trademark Office v. Booking.com B.V. The Court considered whether the online hotel reservation company, Booking.com, is entitled toRead More