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Cantor Colburn | June/July 2026 Ideas on Intellectual Property Law
“Top Gun” sequel flies clear of copyright infringement
The box office sensation “Top Gun: Maverick” didn’t just help bring crowds back into movie theaters post-pandemic. It also spurred a copyright infringement lawsuit based on a magazine article published almost 40 years earlier. This article covers the court’s decision finding that the works in question didn’t share “substantial similarity in protectable expression.” A short sidebar explains that the defendant movie studio didn’t breach its initial agreement with the article author by not crediting him in the sequel.
Yonay v. Paramount Pictures Corp., No. 24-2897, Jan. 2, 2026, 9th Cir.
Reading tea leaves
Court revives trademark application for generic tea term
Trademark applicants that have had a trademark application rejected by an examiner from the U.S. Patent and Trademark Office shouldn’t lose hope. Examiners make reversible mistakes — as evidenced by a recent case where the U.S. Court of Appeals for the Federal Circuit rejected the multiple reasons an examiner cited when denying an application. This article explains why the court reversed the Trademark Trial and Appeal Board’s determination that a mark wasn’t registrable.
In re Bayou Grande Coffee Roasting Co., No. 24-1118, Dec. 9, 2025, Fed. Cir.; https://ttabvue.uspto.gov/ttabvue/ttabvue-90549985-EXA-10.pdf
Patent law’s indefiniteness standards for “language of degree”
Technology and other patents often employ qualitative terms such as “best” or “optimal” — what courts call “language of degree.” This article summarizes a case in which the U.S. Court of Appeals for the Federal Circuit discussed how this language can leave a patent vulnerable to being invalidated if objective boundaries for determining what’s “best” or “optimal” aren’t provided.
Akamai Technologies, Inc. v. MediaPointe, Inc., No. 24-1571, Nov. 25, 2025, Fed. Cir.
When may courts correct language in a patent claim?
It’s rare for courts to correct errors in patent claims — but it does happen. This brief article explains the kind of circumstances that might compel a court to act.
Canatex Completion Solutions, Inc. v. Wellmatics, LLC, No. 24-1466, Nov. 12, 2025, Fed. Cir.
