August 2012

August 28, 2012 6:11 PM | Posted by Horne, Alexandra | Permalink
On June 28, 2012, the Trademark Trial and Appeal Board ("TTAB") of the U.S. Patent and Trademark Office ("USPTO") ruled in favor of the Hershey Chocolate and Confectionary Corporation ("Hershey"), reversing the USPTO’s decision that Hershey’s candy bar configuration was functional and non-distinctive. read more
August 17, 2012 1:58 PM | Posted by Springer, Colby B. and Rasmussen, Brent | Permalink
On August 1, 2012, a new bill was introduced in the House of Representatives to help protect high-tech companies from frivolous patent lawsuits. The bill is sponsored by Congressmen Peter DeFazio (D-OR) and Jason Chaffetz (R-UT). Entitled the “Saving High-Tech Innovators from Egregious Legal Disputes (SHIELD) Act,” the bill seeks to make it easier for companies accused of patent infringement to recover their attorney's fees and other litigation costs. According to Congressman DeFazio, this fee-shifting measure will "put the financial burden on so-called 'patent trolls' that buy patents solely to sue the American tech startups that created the products." [1] read more