EXPRESS YOURSELF
THE REQUIREMENTS FOR PROVING COPYRIGHT INFRINGMENT
WHAT ARE ACCESS AND SUBSTANTIAL SIMILARITY?
THIS SUPREME COURT JUSTICE WROTE AN OPINION STATING THAT PATENTABILITY REQUIRED A "FLASH OF GENIUS".
WHO WAS JUSTICE WILLIAM O. DOUGLAS
Cuno Engineering Corp. v. Automatic Devices Corp., 314 U.S. 84 (1941)
PATENT ACT OF 1952 ELIMINATED THIS REQUIREMENT
THIS SPECIFIC TYPE OF MONETARY RECOVERY IS NOT AVAILABLE UNDER THE LANHAM ACT.
WHAT ARE PUNITIVE DAMAGES?
Commentary: Punitive damages are specifically prohibited under the Lanham Act but are available under state law claims. This highlights the importance of proper pleading, e.g. make sure state law claims are pled in addition to federal claims.
THIS FAMOUS MUSICIAN'S NAME IS ATTACHED TO THE COPYRIGHT EXTENSION ACT OF 1998.
WHO IS SONNY BONO?
In 1998, President Clinton signed into law the “Sonny Bono Copyright Extension Act, which extended the terms of almost all existing copyrights by 20 years, in order to provide copyrights in the United States the same protection they are afforded in Europe.
THIS ANCIENT GREEK POLYMATH IS CREDITED WITH FIRST USING THE TERM "EUREKA!" TO DESCRIBE AN "AHA!" MOMENT.
WHO WAS ARCHIMEDES?
"i HAVE FOUND IT"
Archimedes was asked (c. 250 BC) by the local king to determine whether a crown was pure gold. During a subsequent trip to a public bath, Archimedes noted that water was displaced when his body sank into the bath, and particularly that the volume of water displaced equaled the volume of his body immersed in the water. Having discovered how to measure the volume of an irregular object, and conceiving of a method to solve the king's problem, Archimedes allegedly leaped out and ran home naked, shouting εὕρηκα (eureka, "I have found it!").
IN THIS CASE OF FIRST IMPRESSION, THE SDNY FOUND USE OF NFT'S CAN BE AN ACT OF TRADEMARK INFRINGEMENT.
WHAT IS HERMES V ROTHSCHILD (2023)?
Hermes sued Rothschild for trademark infringement, dilution and cybersquatting based upon Rothschild minting and selling “MetaBirkin” NFTs. The jury found liability on all counts (not protected by the First Amendment) and awarded $110,000 for profit and resale commissions and another $23,000 for cybersquatting.
THIS TERM REFERS TO WORKS THAT ARE 1) CREATED AS PART OF AN EMPLOYEE'S REGULAR DUTY OR 2) SEPCIALLY ORDERED OD COMMISINED FOR USE.
WHAT IS A WORK FOR HIRE?
When a work is a made for hire, the hiring or commissioning party is considered the author and the copyright owner.
THESE COURTS WERE MERGED INTO ONE WITH THE CREATION OF THE FEDERAL CIRCUIT COURT OF APPEALS.
WHAT ARE THE CCPA AND THE COURT OF CLAIMS TRIAL DIVISION?
IN ROMAG FASTENERS, INC. V FOSSIL, INC., THE SUPREME COURT HELD THAT THIS IS NOT A REQUIREMENT FOR RECOVERING A TRADEMARK INFRINGER'S PROFITS.
WHAT IS WILLFUL INFRINGEMENT?
Before the Supreme Court’s decision in Romag in 2020, there was a circuit split as to whether a finding of willfulness was required for a disgorgement of profits.
THE PROPER FORM OF A COPYRIGHT NOTICE.
THE SYMBOL © (the letter C in a circle), OR THE WORD "COPYRIGHT" OR THE ABBREVIATION "COPR.", THE YEAR OF FIRST PUBLICATION OF THE WORK AND THA THE NAME OF THE COPYRIGHT OWNER (in that order).
ONLY THESE TYPES OF PARTIES CAN BRING SUIT FOR PATENT INRINGMENT
WHO IS THE OWNER OF, ASSIGNEE OF OR EXCLUSIVE LICENSEE OF THE ENTIRE BUNDLE OF RIGHTS UNDER THE PATENT?
A DEFENSE ATTACKING THE VALIDITY OF ANY ONE OR MORE OF THE REGISTRATIONS PLEADED IN A CANCELLATION PETITION IS THIS KIND OF COUNTERCLAIM.
WHAT IS A COMPULSORY COUNTERCLAIM?
GRATEFUL AMERICAN APPAREL LLC V. GILDAN ACTIVEWEAR SRL, CANCELLATION NO. 92081329 (MARCH 8, 2024)
FOUR OF THE NINE CATEGORIES OF SPECIALLY ORDERED OR COMMISSIONED WORKS SPECIFIED IN THE COPYRIGHT STATUTE.
WHAT ARE ANY FOUR OF:
1. a contribution to a collective work,
2. a part of a motion picture or other audiovisual work,
3. a translation,
4. a supplementary work,
5. a compilation,
6. an instructional text,
7. a test,
8. answer material for a test, or
9. an atlas.
NOW MOSTLY DEFUNCT, INTERFERENCE PROCEEDINGS CONSIDERED THESE FACTORS IN DETERMING THE OUTCOME OF AN INVENTOPRSHIP CONTEST.
WHAT ARE THE DATES OF CONCEPTION AND REDUCTION TO PRACTICE, AND DILGENCE.
before such person’s invention thereof the invention was made by such other inventor and not abandoned, suppressed, or concealed, or (2) before such person’s invention thereof, the invention was made in this country by another inventor who had not abandoned, suppressed, or concealed it. In determining priority of invention under this subsection, there shall be considered not only the respective dates of conception and reduction to practice of the invention, but also the reasonable diligence of one who was first to conceive and last to reduce to practice, from a time prior to conception by the other.
THIS 2015 SUPREME COURT CASE ON ISSUE PRECLUSION HAS GIVEN TRADEMARK PRACTITIONERS SEVERE AGITA.
WHAT IS B&B HARDWARE V. HARGIS INDUSTRIES?
So long as the other ordinary elements of issue preclusion are met, when the usages adjudicated by the TTAB are materially the same as those before a district court, issue preclusion should apply.