Monthly Archives: October 2013

Still Unlawful to Charge Patent Royalties Beyond Patent’s Expiration Date

In July 2013, the The Ninth Circuit U.S. Court of Appeals in Kimble v. Marvel Enterprises Inc., No. 11-15605 (9th Cir. July 16, 2013), followed the Supreme Court’s holding in Brullote v. Thys Co., 379 U.S. 29 (1964). In Brullote, charging patent royalties beyond a patent’s expiration date is “unlawful per se.” In Kimble, the […]

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“The Slants” Refused Registration by the Trademark Trial and Appeal Board (TTAB)

Regardless of the intent of the use of the name “the Slants” to “take back” the ethnic slur by an Asian-American rock band, the U.S. Trademark Trial and Appeal Board (TTAB) on 26 September 2013 refused registration of the mark. The TTAB reasoned that the mark could not be registered as it is a disparaging […]

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