Writings by David A. Einhorn

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New Trademark Fees for the New Year – What Will Cost You More in 2021

As of January 2, 2021, trademark fees have officially increased… Trademark fees have increased, effective January 2, 2021. This is the first time that the U.S. Patent and Trademark Office (USPTO) has increased fees in nearly three years. According to the USPTO, the higher fees will enable it to “continue to enhance the quality of […]

Author: David A. Einhorn

January 7, 2021

USPTO

US Supreme Court Poised to Decide Fate of PTAB Judges

SCOTUS recently granted three petitions for certiorari challenging the constitutionality of the administrative patent judges of the Patent Trial and Appeal Board (PTAB) The U.S. Supreme Court recently granted three petitions for certiorari challenging the constitutionality of the administrative patent judges of the Patent Trial and Appeal Board (PTAB). The issues before the Court are […]

Author: David A. Einhorn

November 20, 2020

U.S. Supreme court

USPTO Offers Guidance in Response to SCOTUS Ruling on Generic Trademarks

The U.S. Patent and Trademark Office (USPTO) is offering new guidance on how it plans to comply with the U.S. Supreme Court’s decision in USPTO v. Booking.com. The U.S. Patent and Trademark Office (USPTO) is offering new guidance on how it plans to comply with the U.S. Supreme Court’s decision in USPTO v. Booking.com. In […]

Author: David A. Einhorn

November 17, 2020

USPTO

Third Circuit Rejects Pocky Cookie Maker’s Trade Dress Claims

In a precedential decision, the Third Circuit Court of Appeals held that Ezaki Glico, the makers of popular stick-shaped cookies, may not bring trade dress claims against a rival snack maker that sells a similar-shaped cookie... In a precedential decision, the Third Circuit Court of Appeals held that Ezaki Glico, the makers of popular stick-shaped […]

Author: David A. Einhorn

November 5, 2020

Third Circuit Court

Will IP Rights Hamper Access to a COVID-19 Vaccine or Not?

Widespread access to a safe and effective COVID-19 vaccine is the key to getting back to normal, according to health experts… Widespread access to a safe and effective COVID-19 vaccine is the key to getting back to normal, according to health experts. However, some are questioning whether patent rights could serve as a “barrier” to […]

Author: David A. Einhorn

October 21, 2020

USPTO Warning Trademark Owners Regarding Latest Email Scams

The U.S. Patent and Trademark Office (USPTO) has issued a warning to trademark owners about an ongoing email scam involving correspondence that purports to be from the USPTO... The U.S. Patent and Trademark Office (USPTO) has issued a warning to trademark owners about an ongoing email scam involving correspondence that purports to be from the […]

Author: David A. Einhorn

October 5, 2020

USPTO

Key Details About the SBA’s Paycheck Protection Program Appeals Process

The Small Business Association recently issued a new Interim Final Rule establishing the process by which borrowers can appeal decisions regarding PPP loans… The Small Business Association (SBA) recently issued a new Interim Final Rule establishing the process by which borrowers can appeal decisions regarding Paycheck Protection Program (PPP) loans. The new rule is effective immediately. […]

Author: David A. Einhorn

August 31, 2020

Can Your Company Benefit from the USPTO’s Fast-Track Appeals Pilot Program?

The USPTO’s latest program, the “Fast-Track Appeals Pilot Program,” seeks to speed up the resolution of ex parte appeals. The U.S. Patent and Trademark Office (USPTO) continues to roll out new pilot programs. Its latest, the “Fast-Track Appeals Pilot Program,” seeks to speed up the resolution of ex parte appeals. The Fast-Track Appeals Pilot Program […]

Author: David A. Einhorn

July 15, 2020

USPTO

US Supreme Court Rules Booking.com Eligible for Trademark Registration

In a landmark trademark decision, the U.S. Supreme Court held that Booking.com was entitled to federal trademark protection In a landmark trademark decision, the U.S. Supreme Court held that Booking.com was entitled to federal trademark protection. In so ruling, the Court rejected the rule proffered by the U.S. Patent and Trademark Office (USPTO) under which […]

Author: David A. Einhorn

July 10, 2020

SCOTUS

Fortnite Creators Dance Around IP Suit Over Running Man

The makers of the popular Fortnite video game are doing the “happy” dance after a Maryland federal judge dismissed an intellectual property lawsuit… The makers of the popular Fortnite video game are doing the “happy” dance after a Maryland federal judge dismissed an intellectual property lawsuit alleging that Epic Games illegally copied the “Running Man” […]

Author: David A. Einhorn

June 29, 2020

What to Know About USPTO COVID-19 Prioritized Trademark Examination Program

The USPTO recently announced a new COVID-19 prioritized examination program for certain trademark and service mark applications… The U.S. Patent and Trademark Office (USPTO) recently announced a new COVID-19 prioritized examination program for certain trademark and service mark applications. It is available for products that are subject to U.S. Food and Drug Administration (FDA) approval […]

Author: David A. Einhorn

June 26, 2020

USPTO Creates Digital Platform Available for COVID-19–Related Technologies

The U.S. Patent and Trademark Office has created a new intellectual property platform for patent-related COVID-19 technologies that are available for licensing. The U.S. Patent and Trademark Office (USPTO) has created a new intellectual property platform for patent-related COVID-19 technologies that are available for licensing. The initial goal of the Patents 4 Partnerships platform is […]

Author: David A. Einhorn

June 4, 2020

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