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JUNE 12, 2019
 
 
 
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Intellectual Property Legal News
In house attorneys looking for a better way to organize, vet and easily retrieve legal news created the National Law Review on-line edition.

Around the clock, the National Law Review's editors screen and classify breaking news and analysis authored by recognized legal professionals and our own journalists.

There is no log in to access the database and new articles are added hourly.
 
 
 
 
The issue of what it really means for a trademark licensee when a debtor-licensor “rejects” its trademark license is crucially important.  Does the licensee lose their rights to continue to use the trademark, or not? In Mission Product Holdings, Inc. v. Tempnology, LLC, No. 17-1657, slip op. (May 23, 2019). the Supreme Court resolved a circuit split over whether Section 365 of the Bankruptcy Code treats a debtor-licensor’s rejection of a trademark licensing agreement as a breach or a unilateral revocation of the agreement. Many considered this the most significant unresolved legal issue in trademark licensing, because it determines whether a bankrupt licensor of a trademark can prevent a licensee from continuing to use the licensed mark. More on the SCOTUS Bankruptcy Decision>
 
 
 
Legalizing “hemp” under the Agricultural Improvement Act of 2018 (2018 Farm Bill) has triggered an important change for the examination of federal trademark applications concerning cannabis and cannabis-derived goods and services. In response to the Bill’s enactment on December 20, 2018, the United States Patent and Trademark Office (USPTO) issued a new examination guide to clarify its examination procedures involving hemp goods and services.  More on Cannabis Trademarking >
 
 
 
On June 10, 2019, the U.S. Supreme Court held that the U.S. government cannot challenge the validity of a U.S. patent in any AIA review proceeding (inter partes review, post-grant review, or covered business method review). The Court rendered its 6-3 decision in Return Mail, Inc. v. United States Postal Service, No. 17-1594, with the majority determining that the U.S. government does not qualify as a “person” under either 35 U.S.C. § 311 (inter partes review) or 35 U.S.C. § 321 (post-grant review and covered business method review).  Read More on the SCOTUS Ruling>
 
 
 
In VersaTop Support Sys., LLC v. Ga. Expo, Inc., 2019 U.S. App. LEXIS 11404 (Fed. Cir.  Apr. 19, 2019), the Federal Circuit turned its eye to the Trademark Statute and reaffirmed that the cornerstone of an infringement action under the Lanham Act – with or without “use in commerce” as that term is defined in Section 1127 (Section 45 of the Lanham Act) – is the likelihood of confusion. More on the Federal Circ. Decision >
 
 
 
 
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