Eric Waltmire's Blog

U.S. federal law recognizes trademark rights even without a federal trademark registration. 15 USC 1125(a).

If a design patent infringement complaint does not even identify the defendant’s accused product, it will be dismissed if challenged.

If you reach out to Disney to see if it will object to your use of Steamboat Willie, you might get an unsatisfactory answer that includes reference to Disney’s claim to hold certain trademark rights.

The court denied plaintiff’s, CELINE SA, request for damages against defaulting defendants stating the “Plaintiff’s requested relief here is entirely baseless” were the plaintiff sought $500,000 in statutory damages per defendant but did not provide any “…

Plaintiff flew too high with its $50,000 statutory damage claim for copyright infringement of its hummingbird feeder images.

Plaintiff’s motorcycle championship trademark claims in a Schedule A case ran out of gas at default judgment because they lacked sufficient factual detail.

Screenshots of purchase pages on Walmart’s e-commerce platform showing shipping options to Illinois were not enough to confer specific personal jurisdiction over defendants in a Schedule A trademark case.

When an invention improves the functioning of a computer it has a better chance of avoiding a section 101 patent eligibility rejection.

The TTAB considers the appearance, sound, meaning, and commercial impression of two trademarks when considering whether there is a likelihood of confusion between them.

The USPTO distinguishes between downloadable software and non-downloadable (e.g. web-based) software, placing them in different classes of goods/services.