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AUGUST 5, 2020
 
 
 
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In house attorneys looking for a better way to organize, vet and easily retrieve legal news created the National Law Review on-line edition.
In house attorneys looking for a better way to organize, vet and easily retrieve legal news created the National Law Review on-line edition.

There is no log in to access the database and new articles are added hourly.
 
 
 
 
Stark & Stark Law FirmDrake scored a big win as the Second Circuit affirmed his use of another work in one of his songs as “fair use.” Estate of Smith v. Graham, 799 F. App’x 36 (2d Cir. 2020). The original lawsuit alleged Drake violated a copyright by sampling a 1982 word recording, “Jimmy Smith Rap,” in his own song, “Pound Cake.” More On Drake's Big Win Here >
 
 
 
Squire Patton Boggs P.A. Law Firm Logo
The US Patent and Trademark Office (USPTO) has issued an encouraging and informative 2020 Update to its February 2019 Progress and Potential profile of women inventors on US patents. The initial report documented trends in the proportion of patent inventors who are women (the “Women Inventor Rate”) and the proportion of patents that have at least one woman inventor (their “Share of Patents”) through 2016. The Update shows only slight increases in both of these metrics over the last three years, but the increases are seen for almost all companies that file large numbers of patents and almost all the states in the nation. The Update also indicates that more and more women are among inventors being granted their first patent, and such women are almost as likely as men to obtain further patents. As explained below, the Update thus demonstrates that our efforts to involve women inventors in the patent process can and will bring about the sorely needed improvement in their participation. More On Women in the US Patent System Here>
 
 
 
State price gouging laws do not typically address product improvements or reformulations. Still, businesses should consider price gouging restrictions when releasing “new and improved” products, as the same pricing considerations that may apply to new products may also apply to improved, updated or reformulated products. More on New and Improved Products Here >
 
 
 
In a decision dated July 17, 2020, China’s Supreme People’s Court ruled for Under Armour, Inc. against Fujian Tingfeilong Sporting Goods Co., Ltd. (福建省廷飞龙体育用品有限公司) for trademark infringement and unfair competition. Under Armour was founded in 1996 and as of 2018 had almost $5 billion USD in annual revenue selling sportswear, such as clothing and running shoes.  In contrast, Tingfeilong launched the brand “Uncle Martian” in 2016 in China also in the sportswear field. As can be seen below, the Uncle Martian logo is extremely similar to the Under Armour logo. Unsurprisingly, Under Armour immediately sued Tingfeilong for trademark infringement and unfair competition and, also unsurprisingly, won.  The Supreme People’s Court has just affirmed that ruling.More on Under Armour's Defeat Here >
 
 
 
 
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