What the ITC’s Zync v. BMW Decision Means for Section 337 Litigants
Key Takeaway: In a recent decision with implications for parties involved in intellectual property disputes before the International Trade Commission, an Administrative Law Judge terminated an ITC investigation based on...
The Supreme Court Reins in ISP Copyright Liability in Cox Communications v. Sony Music
Key Takeaway: In Cox Communications v. Sony Music, the U.S. Supreme Court unanimously held that an internet service provider (ISP) cannot be held liable for contributory copyright infringement based on...
What Inventors Should Know About AI-Assisted Inventions and Their Patentability
Key Takeaways: AI-assisted inventions are patentable under U.S. law, but only a person can be named as an inventor. The legal standard is the same regardless of whether AI was...
Taylor Swift, Trademarks, and the Pursuit of a Federal Right of Publicity
Key Takeaway: Taylor Swift’s recent trademark filings for her voice and likeness point to a growing trend among celebrities and high-profile individuals using federal trademark law—rather than relying solely on...
PTAB to Rehear Ex Parte Baurin: Revisiting the Interplay of Obviousness-Type Double Patenting and Patent Term Adjustment After Cellect and Allergan
Key Takeaway: The PTO Director’s sua sponte rehearing of Ex parte Baurin raises questions regarding the scope of Allergan v. MSN, Examiners’ role in obviousness-type double patenting rejections, and the...
USPTO Joins DOJ in Supporting Permanent Injunctions for NPEs
Key Takeaway: The U.S. Patent and Trademark Office doubles down on its current pro-patentee stance by filing a statement of interest in district court, arguing that permanent injunctions should be...
Liars and Vishers and Scams, Oh My! How Brands Can Defend Against Trademark Fraud
Owners of federal trademark registrations have become a popular target for scams. They need to protect themselves from others who try to use information in the trademark registration for their...
Knobbe Martens’ 2025 Federal Circuit Year in Review Report Highlights Key Appellate Rulings and Patent Litigation Trends
IRVINE, Calif., January 27, 2026 – Knobbe Martens is pleased to share the latest edition of the firm’s Federal Circuit Year in Review report, covering over 50 of the most...
Did Pleasr Buy a Secret: An Analysis of PleasrDAO and Martin Shkreli’s Trade Secrets Dispute
A Music Album with an Unusual Journey PleasrDAO (“Pleasr”) is a decentralized autonomous organization[i] that acquires culturally significant digital art and artifacts. One such work is Once Upon a Time...
Sound the Alarm! How My 6-Year Old Almost Became a Copyright Pirate Overnight
As we previously wrote, in the brave new world of AI, the ability of users to push the boundaries of creativity at breakneck speed raises new challenges for IP owners....
How Businesses Can Prepare for Regulations on Artificial Intelligence Companions
State Spotlight: New York and California In a recent X post, OpenAI’s CEO Sam Altman teased plans to release a new version of ChatGPT that can “respond in a very...
AI, Gaming, and the Metaverse Collide: The Next Wave of Trademark Infringement in Virtual Worlds
Over the last six months, the convergence of artificial intelligence, gaming, and the metaverse has produced a flood of innovation that is redefining brand engagement and generating a new surge...
Results of The Deferred Subject Matter Eligibility Response Pilot Program
On June 18, 2025, the United States Patent and Trademark Office (USPTO) hosted an informational call to share the results of a study on the Deferred Subject Matter Eligibility (DSMER)...
Demonstrating a Connection Between the Mark and the Services Claimed in a Trademark Application
The rules regarding specimens (evidence of trademark use)[1] assess whether a trademark applicant is using the mark in a manner that engenders trademark rights.[2] Accordingly, specimens must support the facts...
TTAB Grants Employer’s Opposition Against Former Employee
In a precedential decision, the Trademark Trial and Appeal Board (Board) sustained the opposition by DowntownDC Business Improvement District (opposer) to the application by Roquois Y. Clarke (applicant) for the...
TTAB Finds App Icon Descriptive of Mobile Games
In a precedential decision, in the case of Hangzhou Mengku Technology Co., Ltd and Fuzhou Mengku Technology Co., Ltd v. Shanghai Zhenglang Technology Co., Ltd, Opposition No. 91272143 (Dec. 30,...
Knobbe Martens Spotlights Key Federal Circuit Cases and Developments in Inaugural Report
Comprehensive report examines most significant Federal Circuit rulings of 2024 and how they could shape IP law in the years ahead IRVINE, Calif., January 28, 2025 – Knobbe Martens is...
