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Writings by David A. Einhorn

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Supreme Court to Determine If Scandalous Trademark Ban Is Unconstitutional post image

Supreme Court to Determine If Scandalous Trademark Ban Is Unconstitutional

SCOTUS Recently Added Iancu v. Brunetti, a Potential Blockbuster IP Case to its Docket, Which Involves the Federal Ban on Registering “Scandalous” Trademarks… The U.S. Supreme Court continues to add intellectual property cases to its docket. The latest potential blockbuster is Iancu v. Brunetti, which involves the federal ban on registering  “scandalous” and “immoral” trademarks. Facts of Iancu […]

Author: David A. Einhorn

Link to post with title - "Supreme Court to Determine If Scandalous Trademark Ban Is Unconstitutional"
Girl Scouts and Boy Scouts Locked in Trademark Battle post image

Girl Scouts and Boy Scouts Locked in Trademark Battle

The Girl Scouts of America Recently Filed a Trademark Infringement Lawsuit Against the Boy Scouts of America As the Boy Scouts of America begins to allow girls into its ranks, it’s coexistence with the Girl Scouts of the United States of America is on shaky ground. In a trademark infringement lawsuit filed in New York […]

Author: David A. Einhorn

Link to post with title - "Girl Scouts and Boy Scouts Locked in Trademark Battle"
USPTO to Require Foreign Trademark Applicants and Registrants to Retain US Lawyers post image

USPTO to Require Foreign Trademark Applicants and Registrants to Retain US Lawyers

Under a New Rule Proposed by the USPTO, Foreign Trademark Applicants and Registrants Must Be Represented by a Licensed U.S. Attorney Foreign trademark applicants and registratants must be represented by a licensed U.S. attorney under a new rule proposed by the U.S. Patent and Trademark Office. The rule would take effect in July. USPTO Proposed […]

Author: David A. Einhorn

Link to post with title - "USPTO to Require Foreign Trademark Applicants and Registrants to Retain US Lawyers"
What Happens to a Trademark License in Bankruptcy? post image

What Happens to a Trademark License in Bankruptcy?

U.S. Supreme Court to Consider What Happens to a Trademark License in Bankruptcy The U.S. Supreme Court recently added another intellectual property case to its docket. The issue in Mission Product Holdings Inc. v. Tempnology, LLC is what happens to the rights of a trademark licensee when a bankruptcy debtor rejects a license agreement during […]

Author: David A. Einhorn

Link to post with title - "What Happens to a Trademark License in Bankruptcy?"
Federal Circuit — Inventors Not Estopped from Challenging Assigned Patents in IPR post image

Federal Circuit — Inventors Not Estopped from Challenging Assigned Patents in IPR

The Doctrine of Assignor Estoppel does not Apply in Inter Partes Review (IPR) Proceedings Under the America Invents Act (AIA) The doctrine of assignor estoppel does not apply in inter partes review (IPR) proceedings under the America Invents Act (AIA), according to the Federal Circuit Court of Appeals. The court’s decision in Arista Networks, Inc. v. Cisco […]

Author: David A. Einhorn

Link to post with title - "Federal Circuit — Inventors Not Estopped from Challenging Assigned Patents in IPR"
Federal Circuit Denies USPTO’s Recovery of Attorney Fees in §145 Actions post image

Federal Circuit Denies USPTO’s Recovery of Attorney Fees in §145 Actions

Challenging a decision by the U.S. Patent and Trademark Office (USPTO) just became less cost prohibitive, thanks to the Federal Circuit Court of Appeals. The court recently ruled in Nantkwest, Inc. v. Iancu that 35 U.S.C. § 145 does not require patent applicants to pay the USPTO’s attorneys’ fees when challenging a decision in district court.

Author: David A. Einhorn

Link to post with title - "Federal Circuit Denies USPTO’s Recovery of Attorney Fees in §145 Actions"
Supreme Court Rules Patent Owners Can Recover Foreign Lost Profits post image

Supreme Court Rules Patent Owners Can Recover Foreign Lost Profits

The U.S. Supreme Court recently handed patent owners a significant victory. In WesternGeco, LLC v. ION Geophysical Corp., the Court held that the Patent Act allows patent owner to recover for foreign lost profits. Accordingly, plaintiff WesternGeco was entitled to lost profits resulting from the export of infringing components of a patented system, which were assembled and sold outside of the United States.

Author: David A. Einhorn

Link to post with title - "Supreme Court Rules Patent Owners Can Recover Foreign Lost Profits"
New Jersey Copyright Infringement Lawsuit Over Banana Costume Design Goes Bananas post image

New Jersey Copyright Infringement Lawsuit Over Banana Costume Design Goes Bananas

A New Jersey federal court judge recently granted a preliminary injunction in a copyright infringement lawsuit involving a human-sized banana costume. While the unique subject matter generated media buzz and its fair share of clever puns, the ultimate outcome of the suit will seriously impact the future of two competing businesses.

Author: David A. Einhorn

Link to post with title - "New Jersey Copyright Infringement Lawsuit Over Banana Costume Design Goes Bananas"
Trademark Registration Is the Strongest Method to Safeguard Your Brand post image

Trademark Registration Is the Strongest Method to Safeguard Your Brand

 If you don’t have the proper legal safeguards in place, another business could capitalize on the brand you’ve worked so hard to build. Trademark registration is one of the best and most cost-effective ways to protect valuable assets, such as your brand, logos and slogans and your business name when used in connection with the sale of goods or services.

Author: David A. Einhorn

Link to post with title - "Trademark Registration Is the Strongest Method to Safeguard Your Brand"
SCOTUS Upholds Inter Partes Patent Reviews in Oil States Energy Services LLC v Greene's Energy Group LLC post image

SCOTUS Upholds Inter Partes Patent Reviews in Oil States Energy Services LLC v Greene's Energy Group LLC

In Oil States Energy Services LLC v Greene’s Energy Group LLC, the U.S. Supreme Court confirmed that inter partes review under the America Invents Act (AIA) is constitutional. For businesses that rely on inter partes review, the Court’s decision confirms that the process will remain available for the foreseeable future.

Author: David A. Einhorn

Link to post with title - "SCOTUS Upholds Inter Partes Patent Reviews in Oil States Energy Services LLC v Greene's Energy Group LLC"

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