February/March 2025 Cantor Colburn IP Newsletter
Software code arrangement is protectable
Although an individual musical note isn’t copyrightable, an arrangement of notes may be. Does the same reasoning apply to source code for software? This article summarizes a case from the U.S. Court of Appeals for the Eleventh Circuit on this question.
Compulife Software, Inc. v. Newman, No. 21-14074 (11th Cir. Aug. 1, 2024).
When private sales don’t count as public disclosure of prior art
So-called “prior art” that makes an invention obvious can lead to a patent being found invalid. But what seems like prior art may not be. This article discusses a case from the U.S. Court of Appeals for the Federal Circuit that explored an exception to the rule and whether a private sale of an invention would qualify.
Sanho Corp. v. Kaijet Technology Ltd., Inc., No. 23-1336 (Fed. Cir. July 31, 2024).
Does First Amendment bar trademark infringement liability?
Where does the First Amendment end and federal trademark law begin? That was the question in a case before the U.S. Court of Appeals for the Sixth Circuit involving the alleged infringement of a political party’s trademark. This article summarizes the court’s decision providing some valuable insight on the far-reaching impact of a 2023 ruling by the U.S. Supreme Court regarding infringement liability under the Lanham Act.
Libertarian Nat’l Committee, Inc. v. Saliba, No. 23-1856 (6th Cir. Aug. 28, 2024); Jack Daniel’s Properties v. VIP Prods. LLC, 599 U.S. 140 (2023).
Lack of proper documentation dooms trademark registration
Registering certain trademarks requires including a specific kind of example use, or “specimen,” as part of the application. This article looks at a new decision from the Trademark Trial and Appeal Board highlighting the importance of submitting the correct specimen.
In re Gail Weiss, Serial No. 88621608 (T.T.A.B July 31, 2024).
