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Dykema Gossett PLLC
Dykema Gossett PLLC

SerendIPity: Dykema's Intellectual Property Law Blog

Intellectual Property Law Blog

News and Analysis of Legal Issues Affecting Intellectual Property

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Should’ve Known Better?

This week, Rude Music, Inc., owner of the copyrighted and Grammy-winning song “Eye of the Tiger,” filed suit in Chicago federal court against Mike Huckabee’s presidential campaign for playing the song without permission at a September rally in Grayson, Kentucky for Kim Davis, the Kentucky county clerk who was jailed for refusing to issue marriage licenses to same-sex couples. The song was played as Mike Huckabee escorted Ms. Davis out of the Carter County Detention Center.  Read More ›

Have You Done a Domain Name Audit? An IP Compliance Tool to Bring Budget Dollars in, Instead of Paying Them Out

At a recent panel discussion, IP counsel of a major corporation recounted that he had done an inventory of his company’s domain names, and found over 5000 of them. He culled the list to the ones it made business (and legal) sense to have, and got rid of the rest, saving what must have been thousands of dollars—he didn’t say how much—a year. Read More ›

The Storm Before the Calm

It has been widely reported that patent litigation filings have been way up in 2015, bucking the post-Alice crash in the second half of 2014. However, we anticipate that November 2015 will see an even bigger spike in patent litigation filings. Why?  Read More ›

The Supreme Court Eyes Enhanced Patent Damages

The Supreme Court has significantly reigned in patent litigation and damages over the past few years-acting where Congress seemingly has been unable to do so. However, the Court just granted certiorari in two (now one combined) cases Halo Electronics, Inc. v. Pulse Electronics, Inc. and Stryker Corp. v. Zimmer, Inc.  Read More ›

Cuba and Your Global Trademark Strategy

After 54 years, the American flag has once again been raised over the American Embassy in Cuba. And although American tourism in Cuba remains off limits, the list of approved travel to Cuba has been expanded to include humanitarian projects, religious activities, educational activities (aka “people-to-people” trips), professional research, and participation in athletic or public performances. Much debate still exists over whether the travel embargo will ultimately be lifted, but that isn’t stopping related activities. Read More ›

A New Lens by Which Brands Can be Viewed – Are You on Periscope?

When I was a child, I learned about brands and new products only through television commercials. There were no DVR’s, and the luxury of fast forwarding through commercials was only a distant dream, which was thankfully realized during my lifetime. With the advent and proliferation of social media, consumers now have access to endless and more innovative ways of being reached by marketers. It’s almost impossible to keep up with the constantly changing landscape of mobile apps and social media platforms, but there’s a new player on the block and it’s huge. Earlier this year, Twitter purchased an app called “Periscope” for a reported price of almost $100 million. The app was launched for iOS in late March and became available on Android in late May, with over 1 million users registered in the first 10 days.  Read More ›

What Do the Sons of Confederate Veterans, the Washington “Redskins,” and an Asian-American Boy Band Have in Common?

Check out the Decision in Pro-Football, Inc. v. Amanda Blackhorse, et al, No. 1:14-cv-01043 (ED Va. July 8, 2015)

The big trademark news, of course, is that a federal judge now has weighed in, ordering the U.S. Patent and Trademark Office to cancel six trademark registrations of Pro-Football, Inc. (the Washington, D.C. NFL team) containing the word “redskins.” Read More ›

Success Rate Trends of Section 101 Motions for Summary Judgment

DocketNavigator (subscription required) has compiled statistics on the success rate of Section 101 Motions for Summary Judgment. So far this year, district courts have issued 22 decisions (in all of 2014 they ruled on 23). Fourteen (63.6 percent) were granted, five (22.7 percent) were denied, and three (13.6 percent) were partially granted and partially denied. This trend continues to reinforce the theme that post-Alice, Section 101 challenges (at all stages of litigation) are becoming more popular and must be considering in any litigation strategy. Read More ›

Coming Changes to the FRCP Can Affect IP Litigation

IP litigation is among the most significant, and costly, litigation a company can face, regardless whether on the plaintiff or defense side. Of import to those “engaged in the game” is that significant changes to the rules by which the game is usually played—otherwise known as the Federal Rules of Civil Procedure—are coming later this year. Recently, the Supreme Court approved and sent to Congress a package of important amendments to 11 of the Rules. Unless Congress intercedes (unlikely), the amended Rules take effect on December 1, 2015. Read More ›

Eastern District of Texas Judge Requires Permission to File Alice Motions

Federal Judge Rodney Gilstrap recently ordered that patent defendants seeks leave and show good cause prior to filing an early motion seeking judgment that a patent is invalid under the U.S. Supreme Court’s Alice Decision.  Read More ›