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Social Media Collections for Legal Professionals: Best Practices

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USPTO Upcoming Public Roundtable on Name, Image, and Likeness Protections

Last Updated July 2024

The United States Patent and Trademark Office (USPTO) will host a public roundtable on August 5, 2024, to discuss the protections for individuals' name, image, likeness, and other identity-related indicia. This event aims to gather public input on whether current laws adequately protect individuals' reputations and prevent unauthorized use of their personal attributes given the rapid rise of artificial intelligence (AI) technology.

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Unpacking the Big Mac Ruling: Lessons for Trademark Professionals from the EU Court

Last Updated June 2024

The legal battle between McDonald's and Supermac's over the "Big Mac" trademark in the European Union reached a significant milestone with a ruling by the EU General Court. This ruling highlights the importance of adhering to best practices when providing evidence of specimen use in trademark law, and establishes a precedent for properly documenting genuine trademark usage, no matter the size of the company.

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Top Technology Trends from INTA Annual Meeting 2024: A Spotlight on Exhibitors

Last Updated June 2024

The INTA Annual Meeting 2024 in Atlanta, Georgia, showcased a diverse array of exhibitors, highlighting the latest advancements and trends in intellectual property (IP) technology around the globe. For an IP attorney, staying abreast of these innovations is crucial for effective client representation and IP portfolio management. 

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Tools and Technologies for Monitoring Brand Infringement Online

Last Updated June 2024

Protecting a brand’s trademark is increasingly complex due to the expansion of online presence that has created a rise in trademark infringement globally. To keep up with this influx, it is recommended that law firms leverage technology to monitor websites, social media, and e-commerce platforms for brand protection and enforcement.

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Social Media as Evidence of Actual Confusion in Trademark Litigation: Powerful Evidence – If Properly Authenticated

Last Updated June 2024

While trademark infringement claims and litigation involve myriad issues and considerations, one question is truly first among equals: is the allegedly infringing mark "likely to cause confusion" with the plaintiff's mark? Put another way, will the relevant average consumers for a product or service likely be confused about the source of a product or service or an affiliation between sources based on a defendant's use?

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Establishing the Date of Public Accessibility of Online Prior Art in Patent Validity Challenges

Last Updated April 2024

Since it was established under the America Invents Act in 2012, the inter partes review (IPR) process has become a commonly used and effective avenue for challenging the validity of and invalidating an existing patent. Any third party can initiate an IPR and ask the Patent Trial and Appeal Board (PTAB) to review the patentability of one or more claims in a patent on the basis that the claims were obvious or not new because the "claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before" the claimed invention's effective filing date. (35 U.S.C § 102)

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