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Sixth Circuit Declines to Clarify Aesthetic Functionality Test (or Even Whether the Doctrine Has Been Adopted in This Circuit): Maker's Mark's Wax Seal Trademark Protected and Not Functional

May 21, 2012
Ireland, business litigation, Maker's Mark, Dayton law firm, Intellectual Property, business litigation info, Cox, Faruki, Brian Wright, Sixth Circuit, wax seal trademark, FIC blog, Cincinnati law firm, intellectual property

The Sixth Circuit affirmed the Western District of Kentucky, finding that Maker's Mark's dripping red wax seal is protected as a trademark. Maker's.. Read More

3M v. Avery Dennison (CAFC 2012): Avoiding a Declaratory Judgment Action for Non-Infringement

April 10, 2012
Ireland, business litigation, Dayton law firm, Intellectual Property, business litigation info, Cox, Faruki, non-infringement, FIC blog, Don Burton, Cincinnati law firm, declaratory judgment

If you own a patent and become aware that it is being infringed, what are your options? Usually three: 1) sue; 2) don't sue and ignore the.. Read More

In Trademark Disputes, David has an Updated Slingshot to Combat Goliath: Social Media

February 27, 2012
Ireland, business litigation, Jeff Cox, Dayton law firm, social media, Intellectual Property, business litigation info, Cox, Faruki, FIC blog, Cincinnati law firm

Another consequence of our digital economy capturing national media attention is the utilization of social media and other internet tools to combat.. Read More

Can Congress Grant Copyright Protection to Works Already in the Public Domain? – Supreme Court to Decide Golan v. Holder

On October 5, 2011, the U.S. Supreme Court heard arguments in Golan v. Holder, No. 10-545. At issue is the constitutionality of Congress'.. Read More

Congress Passes America Invents Act: U.S. Patent Law Switches to a "First-to-File" System

September 14, 2011
Ireland, business litigation, patent reform, first-to-file, Dayton law firm, Intellectual Property, business litigation info, Cox, patent law, America Invents Act, Faurki, FIC blog, patent, Don Burton, Cincinnati law firm, intellectual property

On September 8, the U.S. Senate followed the House in passing the "America Invents Act," which the President is expected to sign it into law on.. Read More

Litigating Invalidity Defenses after Microsoft v. i4I---

July 19, 2011
Ireland, business litigation, Dayton law firm, Intellectual Property, business litigation info, Cox, Microsoft, Faruki, patent law, Invalidity Defense, Microsoft Corp. v. i4I Limited Partnership, Microsoft v. i4I, patent litigation, FIC blog, patent, Don Burton, Cincinnati law firm, intellectual property

In Microsoft Corp. v. i4I Limited Partnership, the Supreme Court re-affirmed the principle that the defense of invalidity of a patent must be proven.. Read More

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