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Trademark application for the Mark DIGITALPREP for dental software rejected for being descriptive.

Trademark application for the Mark DIGITALPREP for dental software rejected for being descriptive. Whether a term is  merely descriptive is determined not in the abstract, but in relation to the goods for which registration is sought, the context in which it...

Ninth Circuit Holds Hookah Container Not Entitled To Copyright Protection

In INHALE, INC. V. STARBUZZ TOBACCO, INC., the Ninth Circuit held that the shape of a hookah water container was not entitled to copyright protection because the container was a useful article whose sculptural features could not be separately identified...

Federal Circuit Overturns Claim Construction of “Datalink”

Federal Circuit overturns a district court’s claim construction in of the term “datalink” in a patent to mean a physical cable, holding that datalink at the time of the patent filing would be a link that carries data in a...

Federal Circuit Holds Antibody Patents Invalid For Failing to Disclose Representative Species For Claimed Genus

Federal Circuit holds antibody patents invalid for failing to disclose representative species for a claimed genus: Moreover, the ’128 and ’485 patents do not describe any common structural features of the claimed antibodies. The asserted claims attempt to claim every...

TTAB Cancels “What Would Jesus Do” Based on Nonuse

Trademark Trial and Appeal Board (TTAB) cancels registration to the mark WHAT WOULD JESUS DO based on the ground of nonuse. The TTAB accepted as true admission requests that were not timely answered: “Because Respondent did not timely answer Petitioner’s...

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