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Articles by Lindsey Sadler
Take a Bite Out of This: Smuckers is Claiming Exclusive Rights to its Version of the Peanut Butter and Jelly Sandwich | JD Supra
We all have childhood memories of it: the sweet tang of fruit jelly mixed with the salty crunch of rich peanut butter, sandwiched between two pieces of soft sliced bread. Maybe you preferred it with the crusts on, cut along the diagonal, or with no crusts at all, cut into four square servings. Or maybe you enjoyed a circular, crimped version packaged in plastic wrap and tucked conveniently in our lunch box.
To Recuse or Not to Recuse? An Update. | JD Supra
Given that litigation in the United States can take years from start to finish, we rarely see a conclusion to the cases we follow. In a prior blog post, we looked at the potential recusal requirements of the U.S. Supreme Court when one—or even six—Justices have a personal, professional, or financial interest in the parties arguing before it.
To Recuse or Not to Recuse? That is the Question Potentially Facing Supreme Court Justices on Book Publisher Copyright Case | JD Supra
What happens if two-thirds of the U.S. Supreme Court justices have a conflict of interest in a case presented before the Court? The speculative possibilities are abundant in such a situation—do all of the affected Justices have to agree to recuse? What if only some, but not all, recuse? Can the case just be decided by the three unaffected Justices? While it is not a circumstance the Supreme Court has ever faced before, it may have to in the upcoming term.
Federal Circuit Affirms PTAB Win for Unified But Clarifies Reading of Rehearing Regulation
“Nothing in the statutes or regulations requires a party to an IPR to file a request for rehearing to preserve a right to appeal to this court.”- Federal Circuit opinion In a precedential decision today, the U.S. Court of Appeals for the Federal Circuit (CAFC) upheld a Patent Trial and Appeal Board (PTAB) determination that all claims of a patent on voice command technology were unpatentable, but clarified that arguments not raised in a PTAB request for rehearing are not necessarily forfeited...
Senators Introduce NO FAKES Act to Create a Universal Right to Control Digital Replicas
“The proposed legislation would establish a federal property right for every individual in their own voice and likeness. There are exceptions for news, broadcast, advertising/ marketing and documentary use, public criticism or commentary and ‘fleeting or negligible’ use, among others.
CAFC Says PTAB Did Not Err in Holding Private Sale Was Not a ‘Public Disclosure’ Under Prior Art Exception
“The use of the two different phrases—’disclosed’ and ‘publicly disclosed’—suggests that Congress intended the phrases to have different meanings.” – CAFC The U.S. Court of Appeals for the Federal Circuit (CAFC) on Tuesday issued a precedential decision affirming the Patent Trial and Appeal Board’s (PTAB) invalidation of Sanho Corporation’s patent based on its finding that a key prior art reference was not exempt under 35 U.S.C. § 102(b)(2)(B).
The Questionable Motivation Behind Twitter’s Rebrand Continues - Along with Two Federal Lawsuits
“While the outcomes of these pending lawsuits are difficult to predict so early in the proceedings, their filings only reinforce the question—why did X Corp. rebrand away from Twitter in the first place?” X Corp., formerly known as Twitter Inc., was hit with another trademark infringement lawsuit last week out of the Northern District of California.
X Rebrand Of Twitter Will Keep USPTO Busy
ADVERTISEMENT Don't want ads? Subscribe or login now. By Lindsey Sadler (October 16, 2023, 4:02 PM EDT) -- The small blue bird adorned nearly every company's social media section.... A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.
When is Rebranding a $4 Billion Mistake? Time Will Tell With Twitter’s Decline | JD Supra
The small blue bird adorning nearly every company’s social media section. The verbiage “tweet” and “retweet” working their way into the fabric of modern language. The creation of character-limited, short-form posts as a new method of communication used by presidents, dignitaries, celebrities, and everyday people alike.
When is Swiss chocolate Swiss enough? Toblerone Chocolate Recently Found Out, and it Didn’t Make the Cut. | JD Supra
The crinkle sound of the gold foil. The rich smell of honey and almond. The unique design of peaks and valleys. And the delicious taste of Swiss chocolate. There is little doubt that since its creation in 1908, Toblerone-branded chocolate has made a name for itself in the chocolate world.
Blood May be Thicker than Water, but is it Thicker than Federal Trademark Rights? One Family’s Relationship Tested at the USPTO | JD Supra
Slovenian-born Luka Doncic became a professional basketball player at the young age of sixteen years old and the towering height of 6’7”. He quickly made a name for himself, leading his Spanish team Real Madrid to the 2018 EuroLeague title, while also winning EuroLeague MVP, EuroLeague Final Four MVP, ACB Best Young Player, and ACB Most Valuable Player honors and participating in the EuroLeague 2010-2020 All-Decade Team.
Peppa Pig: Intellectual Property Infringement as a Form of Retaliatory Sanction | JD Supra
Image from tanuha2001 / Shutterstock.com To end the harm following Russia’s invasion of Ukraine on February 24, 2022, numerous forms of sanctions were imposed against the Russian government and economy. Many Western governments limited access to financial systems, denied entry of Russian nationals into their countries, and prohibited the import and export of certain Russian commodities.
First a Meme, Then a Cryptocurrency, and Now an $80 Billion Brand? Dogecoin Continues Its Rollercoaster Journey into the USPTO. | JD Supra
What first started as a meme featuring a fluffy dog with poor grammar has now resulted in a trademark fight over the ownership of an estimated $80 billion brand. If the progression of this Internet sensation has left your head spinning, you are certainly not alone. Its history is as much a rollercoaster as its cryptocurrency value.
The Rook vs. Deschain: Superficial Similarities or Superhero Copycat? | JD Supra
In the 1970s, William DuBay created the comic book character, Restin Dane, also known by his superhero alter ego, “The Rook.” Dane, a wealthy scientist and inventor residing in an Arizona house shaped like a rook chess piece, is a time traveler who “will go anywhere—any time—in search of adventure!” Similar to other famous superheroes, Dane is a “traditional comic book hero”—a handsome, masculine, and honorable man who battles villains for the greater good.
Infringers Beware! .Com gTLDs Now Supported by Trademark Clearinghouse | JD Supra
In the ever-raging battle against trademark infringers gobbling up domain names for squatting purposes, trademark owners received a new tool in their arsenal, thanks to a recent update with the Ongoing Notification Service of the Trademark Clearinghouse (TMCH). The TMCH is a centralized database of verified trademarks, built into the Internet Corporation for Assigned Names and Numbers’ (ICANN) program for new generic Top-Level Domains (gTLD).
Live Long and Mashup: Seussian-Style Universe Deemed Acceptable Fair Use | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Hip-Hop Artist Drake Fairly Used Anti-Hip Hop Song Sample | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Trademark Practice Tip: Make Extra Sure Your Cover Sheet Is Complete When Opposing a Madrid Protocol Application | JD Supra
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Champagne for the New Year - Trademark or Geographic Indicator?
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