As a Cincinnati Reds fan, I took notice of the Trademark Office rejecting a trademark application for CUBNOXIOUS on May 3, 2019. Ronald Mark Huber (Applicant) had filed a trademark application regarding his intent to use CUBNOXIOUS for shirts. The examining attorney did not initially find any likelihood of confusion with any other marks, and the application proceeded to the publication period, which allows for the public to oppose the registration of the mark. The Chicago Cubs Baseball Club, LLC, which owns the trademarks related to the Chicago Cubs, opposed the application.

Standley Law Group LLP opened in February, 1994. The firm’s business focus has remained the same since day one. Its business has always been about helping clients with their intellectual property needs, whether that be in the form of patent matters, trademark matters, copyright matters, computer system contracts, and other instances where technology and law intersect.

A common misconception regarding U.S. trademark law is that a person has a natural right to use his or her family name (surname) in conjunction with offering goods or services in commerce. The general rule is that surnames cannot be registered as trademarks. See Lanham Act, Section 2(e)(4). However, this rule can be overcome.

Breathing new life into the § 101 analysis post-Alice , the Court of Appeals for the Federal Circuit (“CAFC”) found claims directed to a user interface to be patent eligible in Core Wireless Licensing S.A.R.L., v. LG Electronics, Inc., LG Electronics Mobilecomm U.S.A., Inc., Case No 2016-2684, 2017-1922 (Decided January 25, 2018).

The Sixth Circuit recently presided over a dispute between Artistry, Ltd. (“Artistry”), a jewelry wholesaler, and Sterling Jewelers (“Sterling”), the largest specialty jewelry retailer in the country, over the use of “Artistry.” See Sterling Jewelers, Inc. v. Artistry Ltd., Appeal No. 17-4132 (Decided July 24, 2018).

Being the son of two native Kentuckians, as well as an occasional sipper of bourbon, a recent case from the Sixth Circuit caught my eye. Along the trail, it even teaches a good lesson about trademark law, specifically, nominative fair use. Besides that, the Kentucky party wins. An all-around good case to know about, with an opinion written by Judge Sutton.

Standley Law Group LLP is pleased to announce the appointment of Melissa Rogers-McCurdy as a new partner to the firm. Melissa’s practice consists mainly of litigation and trademark/patent prosecution. Her litigation experience encompasses patent, copyright, trademark, trade secret, and other intellectual property claims.

The determination of what constitutes patent eligible subject matter has been at the forefront of patent law in recent years. The United States Code has long held that “[w]hoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.”