RISKING RIGHTS: Trademark Trial and Appeal Board Issues Ruling Regarding Defective Extensions and Notice of Opposition filed by Individuals Not Properly Qualified To Do So
In the recently decided case of Birlinn Limited v. Angus Stewart (TTAB Sept. 3, 2014), the Trademark Trial and Appeal Board (Board) issued a narrow holding that allowed an opposer to cure otherwise defective extensions and notice of opposition.
The Interplay among Laches, the Statute of Limitations, and the Copyright Act
Laches is a judicially-created equitable defense (grounded upon a plaintiff's unreasonable, prejudicial delay in bringing a claim) for which the legislature has provided no fixed time limitation by which a plaintiff must commence a lawsuit.
The Supreme Court "Changes the Playing Field" Regarding Awards of Attorneys' Fees in Patent Cases
In a pair of decisions issued today, April 29, 2014, the Supreme Court twice reversed the Federal Circuit Court of Appeals, making it fairly easier for the prevailing party in patent litigation to obtain an award of attorneys' fees – and for such an award to be upheld on appeal.