Benjamin Appelbaum, Attorney at Law

April 2019 Archives

Congress may fix eligibility requirements for patents

A bill in the United States Congress may change the eligibility requirement for patents regulated by Section 101. It would restrict statutory exceptions to only a few categories, including mathematical formulas, mental activities and fundamental scientific principles. The new framework, which could end up affecting IP law in New Jersey and every other state, has support from both Democratic and Republican lawmakers. Public hearings will eventually be held about the issue.

Supreme Court case raises issue of profanity in trademarks

Swear words may be a fact of life for many New Jersey residents, but the U.S. Supreme Court is considering whether they can also be a part of a protected trademark. The justices are hearing a case brought by a clothing designer based in Los Angeles who launched a streetwear brand called "FUCT", sounding similar yet spelled differently from a common curse word. His application for a trademark was denied under a provision that allows requests for "immoral" or "scandalous" marks to be turned down.

Question of willful infringement headed to U.S. Supreme Court

Trademarks and patents are valuable assets for many New Jersey businesses and creators The award of damages in a case involving the infringement of magnetic fasteners developed by Romag has revolved around the question of whether Fossil, the infringing party, acted willfully. Interpretations of trademark law among various federal appellate courts have produced differing requirements concerning willful action. Romag's petition before the Supreme Court of the United States could lead to clarification on this issue.

New Jersey Businesses Must Take Steps to Protect Their Copyrights

In 1984, Jacobus Rentmeester, then a student at the University of North Carolina, took a photograph of Michael Jordan for Time Magazine, which made it appear that Jordan was about to dunk the ball with one hand. Although such photographs are quite common, Rentmeester's photo was unique in several ways. For one thing, Jordan's in-the-air pose resembled a leap in ballet.

Benjamin Appelbaum, Attorney at Law - Intellectual Property

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