German Sandals Follow the Functional Footsteps of U.S. Cheerleader Uniform Shape
In a recent decision, Germany’s Federal Court of Justice held that Birkenstock’s sandal design was not eligible for copyright protection. The court held that Birkenstock sandals did not display sufficient creativity...
Space Technology Investment – Go for Launch in 2025?
Investors have recently provided solid funding to the space technology sector, with the trend showing signs of continuing in Q1 2025. The general trend over the last half decade for...
U.S. Tariffs and the Medical Device Industry
As of April 24, 2025, the United States has imposed tariffs on over 180 countries and territories. This includes a universal 10% baseline tariff while larger tariffs are in a...
Knobbe Martens Lawyers Explore Open Source AI Software Licensing in Legaltech News Piece
In the Legaltech News article “Open Source Licensing Considerations for Artificial Intelligence Application,” lawyers Vlad Teplitskiy, Damien Howard, and Fatima Kouadio offer guidance to companies considering adopting open source artificial...
Jeremiah Helm and Sean Murray Discuss Forfeiting Claim Construction on Appeal in Law360 Column
In the latest installment of their Law360 column on recent noteworthy Federal Circuit decisions, partners Jeremiah Helm and Sean Murray examine the court’s ruling in Wash World Inc. v. Belanger...
The Votes Are In: Highly Descriptive Marks Are Difficult to Protect
HERITAGE ALLIANCE V. AMERICAN POLICY ROUNDTABLE Before Prost, Taranto, and Stark. Appeal from the Trademark Trial and Appeal Board. Summary: Continuous-use evidence is not necessarily prima facie evidence of acquired...
Hard to Stomach: Things You Say to Prosecute a Patent Can and Will Be Used Against You
AZURITY PHARMACEUTICALS, INC. v. ALKEM LABORATORIES LTD. Before Murphy, Moore, and Chen. Appeal from the United States District Court for the District of Delaware. Summary: Arguments and amendments made during...
Fireball Frenzy: When First Registering a Mark, Genericness of a Mark Is Determined at the Time of Registration
BULLSHINE DISTILLERY LLC v. SAZERAC BRANDS, LLC Before Moore, Reyna and Taranto. Appeal from the Trademark Trial and Appeal Board. Summary: In assessing genericness, the TTAB considers how the mark...
No Error: The Board Committed No Procedural Error by Relying on Evidence Outside of the Prior Art Reference
SAGE PRODUCTS, LLC v. STEWART [OPINION] Before Reyna, Cunningham, and Stark. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary: The Board did not...
