Branding is central to the sale of products and services for many retailers. In a case involving a whiskey bottle dog toy with important findings for retailers and brand protection, the Supreme Court vacated the Ninth Circuit’s rulings on trademark infringement and trademark dilution in Jack Daniel’s Properties, Inc. v. VIP Products LLC.
Continue Reading Supreme Court Chews Up And Spits “Bad Spaniels” Back to District Court

In a significant change to the European patent system that will impact patent prosecution and enforcement strategies in one of the world’s largest retail markets, the European Unified Patent Court begins operations and the European Patent with Unitary Effect will be available at the European Patent Office on June 1, 2023.
Continue Reading The European Unitary Patent: Why Retailers Should Care

Non-fungible tokens are creating new economic opportunities in old, familiar spaces. To capitalize on the current popularity of NFTs, some retailers are turning to the timeless art of nostalgia: reworking old media or products into an NFT collection to advertise a brand in an online space or bring new attention (and customers) to a vintage product.
Continue Reading NFTs: For Many Retailers, the “N” Stands for Nostalgia

The metaverse is a new way to engage with computers through artificial intelligence, widespread connectivity, augmented reality and virtual reality. This raises questions about protection of rights associated with property, including intellectual property and—particularly for retailers—IP rights concerning the provision of goods and services in a “virtual” world.
Continue Reading IP in the Metaverse: An Overview for Retailers in a New Landscape

For many companies, including retailers, filing an inter partes review is a highly popular avenue to challenge patent validity before the U.S. Patent Office and outside of federal district court. An IPR is often a faster and easier way to challenge a patent than in district court.
Continue Reading Easy to Start, Potentially Hard to Finish: Considerations for Retailers in Appealing an IPR Decision

In a recent case, the Federal Circuit found that, sometimes, threatening a patent infringement action, or entering extensive patent license negotiations prior to filing suit, with a company having a presence in a particular state could subject you to jurisdiction in that state, even if you are located elsewhere.
Continue Reading Forum Shopping: How A Retailer’s Patent-Related Communications May Impact Jurisdiction

Office workers everywhere are familiar with height-adjustable desks. These desks allow workers to raise or lower their work surfaces, and often workers will use a height-adjustable desk to perform tasks while standing instead of sitting. Varidesk is one of the most prominent designers and distributors of height-adjustable desks. Like many US retailers that offer popular products, Varidesk observed knockoff copies for sale in the US from numerous foreign entities. Fortunately for Varidesk, its patent portfolio provided a way to defend its business.
Continue Reading Varidesk Keeps Foreign Knockoffs Seated With ITC General Exclusion Order