In our client alert, A Brief Explanation of the USPTO’s Useful New AI-Assisted Invention Guidance, we discuss the Inventorship Guidance for AI-assisted Inventions, 89 Fed. Reg. 10043 (Feb. 13, 2024), recently released by the US Patent and Trademark Office (USPTO). The guidance provides inventors and patent applicants with a framework regarding AI-assisted inventions and how inventorship of such will be judged at the USPTO. Why should a retailer care?
Continue Reading New USPTO AI-Assisted Invention Guidance Will Affect Retailers and Consumer Goods Companies

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

Trade dress is a sub-category of trademarks traditionally reserved for product packaging. However, it can also include product design itself if the design elements claimed are distinctive and allow the consumer to recognize a single source as the producer or seller of the goods. Well known product design cases include high heels with contrasting red soles, iconic electric guitar shapes, and the green color of night-time cold medicines. It is a high bar to clear, as asserting registrable trade dress is stating that consumers will recognize your product as coming from you—and only you—without even seeing your brand name. With this in mind, it should come as little shock that relatively few registrations are granted.
Continue Reading Registers of the Lost Ark Bag Appeal: Cult Gaia’s Unsuccessful Trade Dress Application