The IP Casebriefs Podcast

A news-based podcast series that briefly covers current events in patents, trademarks, copyrights, and the rest of intellectual property.

google_podcasts_badge@2x
US_UK_Apple_Podcasts_Listen_Badge_RGB
Booking2-1320

#006: Discussing the Booking.com Case, Part 2

AIPLA filed an amicus brief with the Supreme Court in United States Patent and Trademark Office et al. v. Booking.com B.V., No. 19-46, a case addressing whether the addition by an online business of a generic top-level domain (such as “.com”) to an otherwise generic term can create a protectable trademark. 

 

In part two of a two-part series, we hear from Craig B. Whitney, a partner in the Frankfurt Kurnit litigation group and the author of AIPLA's recent amicus brief in this case. In part 1, we heard from Rebeccah Gan, a Partner at Wenderoth, on why she disagreed with AIPLA's adopted position.

 

Hosted and produced by Kemahl Franklyn.

 

 

Booking-1320

#005: Discussing the Booking.com Case, Part 1

AIPLA filed an amicus brief with the Supreme Court in United States Patent and Trademark Office et al. v. Booking.com B.V., No. 19-46, a case addressing whether the addition by an online business of a generic top-level domain (such as “.com”) to an otherwise generic term can create a protectable trademark.

 

In part one of a two-part series, we hear from Rebeccah Gan, a Partner at Wenderoth, on why she disagrees with AIPLA's adopted position. 

 

In part two, we'll hear from Craig B. Whitney, a partner in the Frankfurt Kurnit litigation group and the author of AIPLA's recent amicus brief in this case.

 

Hosted and produced by Kemahl Franklyn.

 

 

Waymo v Uber

#004: Waymo v. Uber

Anthony Levandowski, the former Google engineer who was at the center of a trade secrets lawsuit between Uber and Waymo, has been indicted by a federal grand jury on theft of trade secrets. This criminal indictment is the latest twist in a years-long dispute over intellectual property between Google, where Levandowski worked on autonomous vehicles for nearly a decade, and Uber, which purchased a self-driving startup from Levandowski for a reported $680m in August 2016.

Here to talk to us about the Waymo v. Uber case is Diane Siegel Danoff. Diane is a nationally recognized litigator and heads Dechert LLP global trade secret litigation practice. 

Hosted and produced by Kemahl Franklyn.

 

 

USPTO-Fees

#003: USPTO Fee Setting Proposal Reactions

As the IP community digests the USPTO's proposal to adjust patent-related fees, we met with two experts,  Kenneth Nigon and Angela Sebor, to discuss their reactions to the proposed changes. 

This summer the USPTO published a proposal to adjust patent-related fees and the reaction has been mixed. With a few exceptions, existing fees are increased in the range of 5% to 10%. Other notable proposed fees include the request for expedited examination of a design application, which would jump from $900 to $2,000; a new “Non-DOCX Filing Surcharge” of $400; a $250 fee for non-registered practitioners to appear before the Patent Trial and Appeal Board; and an “annual active patent practitioner fee” of $340 without CLE, $240 with CLE, or $70 voluntarily inactive fee.

Hosted by Gary Lee, produced by Kemahl Franklyn. 

 

 

 

negative-space-iphone-white-pen-minimal-650

#002: Iancu v. Brunetti

 

AIPLA Podcast Network's Mike Cushman is joined by Ted Davis, partner at Kilpatrick Townsend & Stockton LLP, to discuss the Iancu v. Brunetti case. 

The US Supreme Court, on April 15, heard arguments over whether it should permit the registration of “scandalous” or profane trademarks, a move which critics say would be unconstitutional. 

The case is an appeal from the US Court of Appeals for the Federal Circuit which in 2017 overturned a decision of the Trademark Trial and Appeal Board (TTAB) and approved registration for the ‘Fuct’ mark.

The USPTO refused registration for the mark on the grounds that it was immoral or scandalous under section 2(a) of the Lanham Act. This provision, also known as the disparagement clause, prohibits registration of trademarks covering “immoral, deceptive, or scandalous matter”. 

The Supreme Court will now rule on whether this clause is in breach of the First Amendment, which guarantees free speech.

Produced by Kemahl Franklyn.

 

 

 

negative-space-iphone-white-pen-minimal-650

#001: FTC v. Qualcomm

AIPLA Podcast Network's Gary Lee is joined by David W. Long, founder of Essential Patent LLC, to discuss the FTC v. Qualcomm case.

Produced by Kemahl Franklyn.

 

Upcoming Events

  • AIPLA CLE Webinar: Balancing Trademark and Free Speech Rights in Trademark Registration and Enforcement Laws

    August 16, 2022 12:30 PM to 2:00 PM   |   90 Minutes of CLE

    One question after Tam and Brunetti is whether other trademark registration and enforcement laws might conflict with the right to freedom of expression. The first part of this webinar explores the issue of whether the free speech right in the First Amendment requires the U.S. Patent and Trademark Office to refuse to register certain words, names, symbols, or other subject matter to protect free expression and fair competition in the marketplace. The second part of this webinar reviews the current status of defensive doctrines in trademark infringement and dilution law that purport to balance trademark and free speech rights.
  • AIPLA Virtual Water Cooler - August Meetup

    August 17, 2022 3:00 PM to 4:00 PM

    AIPLA’s Committee on the Profession is inviting you to join us around the virtual water cooler for a quick break. Drop in and catch up with colleagues old and new at this informal networking meetup. All are welcome.
  • 2022 AIPLA Corporate Practice Institute

    August 23 to 24, 2022   |   Up to 360 minutes

    The Corporate Practice Institute is not a bootcamp. The programming has been designed to appeal to corporate practitioners of all experience levels and all corporate sizes, including practitioners in any technology field from small/mid-size and large companies. Private practitioners who are interested in learning more about the issues and challenges faced by their corporate clients are also welcome and encouraged to attend. The program will run from 12 noon to 5:30 and include 3 one-hour CLE sessions and a one-hour networking session each day.
  • 2022 AIPLA PTAB Bench + Bar

    August 23, 2022 1:00 PM to 6:00 PM

    Unfortunately, this event has been cancelled.  The PTAB Trial Committee is working to integrate this great content into a number of programs coming up this Fall and in Spring 2023.
  • Where Are We Now?: Understanding Minerva and Assignor Estoppel for Patent Assignments

    August 25, 2022 12:30 PM to 2:00 PM   |   90 minutes of CLE

    An in-depth look at the impact of last year’s Supreme Court decision on assignor estoppel, Minerva Surgical, Inc. v. Hologic, Inc. (2021). That case opened a veritable Pandora’s box of new possibilities when drafting assignments and other contracts affecting ownership of patent rights, complicating how such agreements are negotiated and how attorneys advise clients about such matters. Join us to explore how best to navigate the traps for the unwary that can arise post-Minerva.