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October/November 2024 Cantor Colburn IP Newsletter
Closing trademark’s borders
No recovery for infringer’s purely foreign sales
One year after the U.S. Supreme Court limited the reach of the federal trademark law beyond American borders, the trademark owner in the underlying case has learned how the ruling will affect its claims. It probably isn’t too happy with the result. This article reviews a case in which the court found no trademark infringement recovery for purely foreign sales. A short sidebar reviews the court’s findings about disgorging foreign-sale profits.
Hetronic Int’l, Inc. v. Hetronic Germany GmbH, Nos. 20-6057, 20-6100 (10th Cir. April 23, 2024).
Are AI systems patent-eligible?
A ruling from the U.S. Court of Appeals for the Federal Circuit, which hears all patent-related appeals, raises questions about the eligibility of artificial intelligence (AI) systems for patent protection. The system in the case ran into trouble with the so-called Alice test (named for the case where it originated) for patent eligibility. This article summarizes the case and the court’s conclusion that the patents’ claims covered an abstract idea.
AI Visualize, Inc. v. Nuance Communications, Inc., No. 20-6057, 22-2019 (Fed. Cir. April 4, 2024).
Copyright’s fair use defense faces higher bar after Warhol
The impact of the U.S. Supreme Court’s 2023 intellectual property rulings continue to roll out in the lower courts. The high court’s guidance regarding the application of the fair use defense to copyright infringement recently played a key role in a case involving Netflix’s popular “Tiger King” docuseries. This article reminds readers that if works don’t target the original work itself, the fair use defense may fail.
Whyte Monkee Productions, LLC v. Netflix, Inc., No. 22-6068 (10th Cir. March 27, 2024); Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 598 U.S. 508 (2023).
How unclean hands doomed patent infringement claims
Small children can get their hands dirty in many ways. A patent case involving a dining mat for kids illustrates how the legal doctrine of unclean hands can similarly sully legitimate infringement claims. This article discusses how a party’s misconduct rose to the level of unconscionable acts.
Luv N’ Care, Ltd. v. Laurain, Case No. 22-1905 (Fed. Cir. Apr. 12, 2024).
