Writings by David A. Einhorn

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Supreme Court to Determine Constitutionality of America Invents Act Patent Reviews

SCOTUS to consider whether inter partes review under the America Invents Act is constitutional The U.S. Supreme Court recently granted certiorari in Oil States Energy Services LLC v. Greene’s Energy Group, LLC. The question before the Court in the high-profile intellectual property case is whether inter partes review under the America Invents Act (AIA) is […]

Author: David A. Einhorn

August 1, 2017

Court Dismisses Kellogg's False Advertising Suit

Court Dismisses False Advertising Suit Over Kellogg’s Cheez-It Whole Grain Crackers A New York federal judge recently dismissed a class-action suit against the Kellogg Company over its use of the term “whole grain” in marketing its Cheez-It crackers. In Mantikas et al. v. Kellogg Company, the plaintiffs alleged that representing the product as whole grain […]

Author: David A. Einhorn

July 31, 2017

New York

Google Trademark Survives Genericide Claim

Google Trademark Protected in Elliot v. Google Inc. Many people use the phrase “Google it” to refer to the broader act of searching the Internet. Nonetheless, the Ninth Circuit Court of Appeals recently held in Elliot v. Google Inc. that the Google trademark should not be canceled on the ground that it has become generic for […]

Author: David A. Einhorn

July 13, 2017

Trademark Infringement

4 Types of Intellectual Property You Should Understand

The Four Types of Intellectual Property App Developers Should Understand The digital age has broadened the horizons for startup companies across the globe. App developing, in particular, has become a very popular route for technology professionals – according to Business of Apps, the total number of software developers, worldwide, is at nearly 19 million. This […]

Author: David A. Einhorn

June 26, 2017

Supreme Court Lifts Ban on Offensive Trademark Registrations

Matal v. Tam: SCOTUS Holds Ban on Offensive Trademark Registrations As Violation of First Amendment In Matal v. Tam, the U.S. Supreme Court held that the federal ban on registering disparaging trademark runs afoul of the First Amendment. The landmark decision is a victory for the Asian-American band The Slants. It also dramatically improves the […]

Author: David A. Einhorn

June 22, 2017

USPTO Enacts Trademark Audit re: Usage

Use It or Lose It! USPTO Enacting Trademark Audit Regarding Usage of Registered Trademarks The U.S. Patent and Trademark Office (USPTO) has been seeking to clean up the federal trademark register by removing trademark registrations that are no longer in use. As part of this effort, the USPTO may now require a trademark audit seeking […]

Author: David A. Einhorn

June 21, 2017

USPTO

SCOTUS Holds Cheerleading Uniform Design Is To Be Copyrightable

SCOTUS recently held that the design of a cheerleading uniform is eligible for copyright protection In a landmark decision, the U.S. Supreme Court recently held that the design of a cheerleading uniform is eligible for copyright protection. As highlighted by the Court, its holding in Sitar Athletic° v. Varsity Brands “resolve[s] widespread disagreement over the […]

Author: David A. Einhorn

April 26, 2017

SCOTUS Eliminates Laches Defense in Patent Infringement Suits

The U.S. Supreme Court held that the laches defense does not bar a claim for patent infringement In SCA Hygiene Products v. First Quality Baby Products, the U.S. Supreme Court held that the equitable doctrine of “laches” does not bar a claim for patent infringement brought within the Patent Act’s six-year statutory limitations period. Applying […]

Author: David A. Einhorn

April 25, 2017

Hasbro Applies For Federal Trademark for Play-Doh Scent

Did You Know That Hasbro Applied For Trademark Protection of the Iconic Play-Doh Scent? If you have kids (or a very good memory back to your own childhood), you may recall that Play-Doh has a very distinctive smell. It is such an integral part of the product that Hasbro, Inc. recently filed for federal trademark […]

Author: David A. Einhorn

March 30, 2017

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