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Archive for the ‘Agency Rulemaking’ Category

The TTAB’s Dangerous Dismissal of ‘Doubt’

Written By: Charles Colman, Acting Assistant Professor at NYU School of Law

Edited By: Elise Young

On September 30, 2013, the Trademark Trial and Appeal Board[1] issued a troubling decision in In re Bottega Veneta Int’l S.a.r.l. Viewed in a broader context, the decision reflects the Board’s growing reluctance to apply the doctrine of “aesthetic functionality” in ex parte prosecution proceedings to bar the issuance of potentially anticompetitive trade-dress registrations.

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Posted On Nov - 12 - 2013 Comments Off READ FULL POST

Flash Digest: News In Brief
By James Grace

Hershey’s Opposes Mars’ Attempt to Register a Snickers’ Cross-Section as a Design Mark

Medtronic v. Boston Scientific – Oral Argument

Proposed Tweak to Law Would Pull Shield From Generic-Drug Makers

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Posted On Nov - 10 - 2013 Comments Off READ FULL POST

Federal Judge Rejects Verizon’s Challenge to New FCC Data Roaming Rule

Cellco P’ship v. FCC
By Kathleen McGuinness – Edited by Charlie Stiernberg

The Court of Appeals for the District of Columbia Circuit rejected a facial challenge to the Federal Communications Commission’s (“FCC”) new rule requiring “providers of commercial mobile-data services to offer data roaming agreements to other such providers on commercially reasonable terms.”  The court held that the FCC had statutory authority to regulate data roaming, and that the flexibility of the new requirement does not amount to the imposition of common carrier requirements.

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Posted On Dec - 10 - 2012 Comments Off READ FULL POST
USPTO Proposes New Rules for Micro Entity Status By Jeffery Habenicht – Edited by Dorothy Du Changes to Implement Micro Entity Status for Paying Patent Fees, 77 Fed. Reg. 31,806 (proposed May 30, 2012) (to be codified at 37 C.F.R. pt. 1). Federal Register On May 30, 2012, the PTO published a notice of proposed rulemaking in the Federal Register entitled Changes to Implement Micro Entity Status for Paying Patent Fees. The new rules, to be codified as 37 C.F.R. ... Read More...
Posted On Jun - 12 - 2012 Comments Off READ FULL POST
California Considers Regulation of Autonomous Vehicles By Yana Welinder – Edited by Albert Wang California S.B. 1298 – Autonomous Vehicles Bill Leginfo.ca.gov summary On February 23, California Sen. Alex Padilla (D-Pacoima) introduced S.B. 1298. This bill would direct the Department of the California Highway Patrol to adopt “safety standards and performance requirements” with respect to autonomous vehicles that use “computers, sensors, and other technology and devices that enable [them] to safely operate without the active control and continuous monitoring of ... Read More...
Posted On Mar - 26 - 2012 Comments Off READ FULL POST
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