Author Archives: Christopher F. Lonegro

Supreme Court: Federal Circuit got §271(b) wrong and maybe §271(a) as well.

At its heart the Internet is an information distribution network and the ease with which all manner of information can be shared instantly has led to numerous innovative methods of doing, well, most anything. A hallmark of patents on such methods is that the various steps are carried out by multiple actors as information is […]

Naturally, litigation results from unsupported advertising claims and undefined terms.

The WSJ Corporate Intelligence blog has an interesting article today that highlights the risks inherent in un-vetted advertising claims.  Apparently Proctor & Gamble took issue with “99% Natural” claim that toothpaste maker Hello Products, LLC was making with respect to its toothpastes which come in unusual flavors (for toothpaste) like pink grapefruit mint and mojito […]

Cariou v. Prince: A victory for appropriation art

The United States Court of Appeals for the Second Circuit reversed a lower court opinion today in the case of Cariou v. Prince and handed another victory to the perhaps surprisingly robust world of contemporary collage artistry and appropriation art generally.  The story of the case is relatively straight forward.  In 2000, Patrick Cariou published […]

Will Prior Art Block My Patent Application? Prior Art 101 for §§102 and 103

If you read IP blogs with any regularity you no doubt know that patent reform has come courtesy of the America Invents Act (“AIA”), although the “old” patent law hasn’t really left us and won’t for quite some time.  The most blogged about change brought on by the AIA has undoubtedly been the change from […]

You Bought It, Now Dispose Of It How You Please

The Supreme Court recently ruled in the case of Kirtsaeng v. John Wiley & Sons, Inc. (Docket No. 11-697) that the copyright “first-sale” doctrine trumps a copyright holder’s right to control distribution of products embodying copyright protected material. The decision has received a fair amount of attention in the legal sphere but less so in […]

Mexico becomes third Latin American country to join the Madrid trademark filing system

In June I posted about Columbia’s accession to the Madrid Protocol and noted that Mexico was taking steps to follow suit. Late last month Mexico’s Secretary of Economy deposited documents completing the country’s accession to the Madrid Protocol for the International Registration of Marks with the World Intellectual Property Organization, bringing to 89 the total […]

Is Software Patentable?

We may soon have an answer to that question. By “soon” I mean probably sometime in the next two years. By “answer” I mean we will have the en banc opinion of the Federal Circuit in the case of CLS Bank v. Alice Corp.  Yesterday, the Federal Circuit granted CLS Bank’s petition for rehearing and […]

A Divided Court on Divided Patent Infringement

The Federal Circuit’s recently issued decision in the cases of Akamai Technologies, Inc. v. Limelight Networks, Inc. and McKesson Technologies, Inc. v. Epic Systems Corp. received less attention than its importance might have warranted, perhaps because Apple’s win over Samsung in the patent litigation between the Smartphone giants occurred at about the same time and […]

Trademark protection under the Madrid Protocol gains a foothold in South America

Last year I posted about how even small and midsized companies can use the Madrid system to extend protection of their U.S. trademark registrations overseas. To recap, the Madrid System allows trademark owners to file a single application seeking an International Registration with the World Intellectual Property Organization (“WIPO”) and then enables registrants to designate […]

WWW.[YOUR NAME HERE]

On the heels of the new .XXX top level domain (TDL) that recently began providing internet addresses for adult oriented websites (for a fee), ICANN (the non-profit organization that controls the Internet addressing scheme) released a list of additional applicants for other new top level domains. ICANN voted to begin allowing customized TLD’s in June […]