Will a years-long patent dispute prevent the development and release of a potential COVID-19 vaccine?

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Moderna has been among multiple companies that have been quickly developing a potential vaccine for COVID-19. In mid-July, the biotechnology company announced that initial trials for the vaccine had found no serious side effects in human volunteers. The vaccine, known as mRNA-1273, is a novel lipid nanoparticle encapsulated mRNA that encodes for a full length, prefusion, stabilized spike protein of SARS-CoV-2. Essentially, the lipid nanoparticle carries the mRNA that encodes for whatever antigen that it is delivering (in this case, the antigen for COVID-19). Other vaccines, on the other hand, use a weakened or hollowed-out virus to act as a…

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Will Tiffany & Co. be required to pay a Thai jewelry company damages resulting from a 2016 pink sapphire and diamond bracelet that allegedly infringes the company’s utility patent for a “Color Changing Multiple Stone Setting”?

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A lawsuit was recently filed in the United States District Court for the Southern District of New York against Tiffany & Co. for patent infringement. The complaint, filed by Jacob’s Jewelry Co. Ltd. cites its utility patent, United States Patent No. 9,609,923, for a “Color Changing Multiple Stone Setting.” At issue is a nearly $1 million pink sapphire and diamond bracelet from Tiffany & Co.’s 2016 Masterpieces Collection. While Jacob’s Jewelry claims to have been making and marketing color changing jewelry since several years prior to the issuance of its patent, the jewelry products covered by the patent allegedly “have…

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Are Internet domain names capable of being trademarked?

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Booking.com maintains a travel reservation website under the same name. Beginning in 2012, the company filed four applications to register the mark “Booking.com” in standard character as well as in stylized forms. The United States Patent and Trademark Office (USPTO) examining attorney assigned to the travel reservation company’s applications concluded that the term “Booking.com” is generic for the services at issue and is therefore unregistrable. In particular, the USPTO Trademark Trial and Appeal Board (TTAB) noted that “booking” means “making travel reservations” and “.com” signifies a commercial website. In this manner, “Booking.com” is understood by consumers as referring to “an…

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Can Los Angeles-based Japanese restaurant “The Hand Roll Bar Experience” be held liable to Sushi Nozawa Group for trademark infringement?

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            Sushi Nozawa Group filed a lawsuit in the United States District Court for the Central District of California against The Hand Roll Bar Experience, or HRB, alleging trademark infringement and unfair competition. The owners of Sushi Nozawa Group operate Sugarfish, Nozawa Bar, and KazuNori, which uses the slogan “The Original Hand Roll Bar.” The group alleges that Downtown Los Angeles Japanese hand roll bar is liable for infringing their trademark in this phrase.             Sushi Nozawa was founded by its namesake chef Kazunori Nozawa. KazuNori creates specially crafted sushi hand rolls and deems itself the first of its kind…

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Can libraries be held liable for e-book lending?

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            At the beginning of June, four publishing companies filed a lawsuit in the United States District Court for the Southern District of New York against the Internet Archive alleging direct and secondary copyright infringement. Specifically, the four publishing companies, including HarperCollins, Hachette Book Group, John Wiley & Sons, and Penguin Random House, allege Internet Archive’s “Open Library” and/or “National Emergency Library” infringes their respective copyrights.             Plaintiffs are four of the world’s preeminent publishing houses and collectively, they publish some of the most successful and leading authors in the world. Indeed, many of these authors are winners of the…

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Can the United States Space Force lose its trademark to the Netflix series by the same name?

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            While President Trump officially unveiled the flag of the country’s newest military unit, Space Force, Netflix has been working to secure trademark rights to the same name for its comedy series across the globe. Prior to the series’ launch in late May, the popular streaming company secured rights to the show’s logo in certain countries in Europe, as well as, Australia and Mexico. The Department of the Air Force has since filed its own United States trademark applications for registration of “SPACE FORCE,” both of which remain pending. Currently, the Trademark Electronic Search System indicates Netflix has not yet…

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Does livestreaming carry any copyright infringement risks?

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            Due to the coronavirus pandemic, many states, including California, have implemented strict shelter in place orders, under which people are forced to perform their daily activities out of their homes. As a result, use of livestreaming platforms, such as Zoom, Google Hangouts, WebEx, as well as, Instagram Live, Facebook Live, and YouTube, has significantly increased. Businesses of all types have also started using livestreaming platforms to provide services that were previously delivered in person. These services range from religious services, educational services, and fitness classes to weddings, funerals, graduations, and other social events. Because many of these livestreams include…

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Can artificial intelligence be a patent inventor?

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            The United States Patent and Trademark Office (USPTO) was recently required to determine whether a patent application may list artificial intelligence as an inventor. At issue were two patent applications for two separate, seemingly mundane devices. One application described a shape-shifting container for food and the other an emergency flashlight. The two inventions were created by DABUS, an artificial intelligence system created by physicist and artificial intelligence researcher Stephen Thaler. In a published decision, the USPTO determined that neither DABUS, nor any other artificial intelligence, can be listed as an inventor on a patent filing.             For a patent…

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Is a photographer owed a licensing fee in addition to compensation for time and labor for commissioned photographs to be used in the launch of a premium tequila brand?

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            Los Angeles-based photographer Anais Ganouna and her company, Frank & Anais, filed a lawsuit against The Colors You Like (TCYL) and Cincoro Spirits Group (doing business as Cincoro) for copyright infringement, fraud, civil conspiracy to commit fraud, and unfair competition. Ganouna claims the defendants knowingly and unlawfully exploited her creative work in connection with Cincoro’s highly anticipated launch of its premium tequila brand in 2019. Cincoro is owned by Michael Jordan and four other NBA owners.             Ganouna is a professional photographer and was commissioned to do a photoshoot for the defendants of the agave fields and plants in…

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Can 3M use a trademark infringement lawsuit to mitigate price inflation of N95 respirator masks during the global COVID-19 pandemic?

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            Earlier this month, 3M filed a lawsuit alleging trademark infringement against Performance Supply, LLC, an N95 respirator distributor in the District Court for the Southern District of New York. 3M alleges Performance Supply has been offering for sale counterfeit 3M-brand N95 respirators to unwitting consumers, including government agencies. In addition to addressing Performance Supply’s infringement of 3M’s eponymous trademark, the goal of the lawsuit is to eliminate “a false and deceptive price-gouging scheme” by this unauthorized supplier of 3M respirators.             Since 1902, when 3M began as a small-scale mining venture, it has become a provider of scientific, medical,…

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