Establishing infringement of “thin” copyrights
This article reviews two well-established copyright doctrines: scènes à faire and merger. It looks at how they restrict the ability of infringement plaintiffs to claim expansive intellectual property rights. A brief sidebar details how the copyright troll plaintiff operates.
Design Basics, LLC v. Signature Construction, Inc., Nos. 19-2716 (7th Cir. April 23, 2021); Design Basics, LLC v. Lexington Homes, Inc., 858 F.3d 1093 (7th Cir. 2017).

Supreme Court shakes up the PTAB
 This article reviews a recent U.S. Supreme Court finding that the Patent Trial and Appeal Board’s administrative patent judges’ power is incompatible with their status as inferior officers. The article also reviews guidance from the U.S. Patent and Trademark Office in the wake of the Court’s holding.
U.S. v. Arthrex, Inc., No. 19-1434 (U.S. June 21, 2021).

Heads up!
SCOTUS upholds, but limits, “assignor estoppel”
This article reviews the ability of assignors to challenge a patent’s validity.
Minerva Surgical, Inc. v. Hologic, Inc., No. 20-440 (U.S. June 29, 2021).

What constitutes an “exceptional case”?
Court adopts new standard for attorneys’ fees in trademark cases
This article summarizes the court’s finding that because the fee provisions in the Patent Act and the Lanham Act are identical, the standard also applies to the Lanham Act.
Derma Pen, LLC v. 4EverYoung Limited, No. 19-4114 (U.S. June 8, 2021).

Copyright’s fair use defense
Court clarifies “transformative use” analysis
The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 19-2420-cv (2d Cir. March 26, 2021).

Alice strikes again
Targeted advertising is patent-ineligible
Free Stream Media Corp. v. Alphonso Inc., Nos. 19-1506, -2133 (Fed. Cir. May 11, 2021).

When is initial-interest confusion trademark infringement actionable?
Select Comfort Corp. v. Baxter, No. 19-1113 (8th Cir. May 11, 2021).

Establishing “actual use” standard in service mark infringement cases
Underwood v. Bank of America Corp., Nos. 19-1349, -1087 (10th Cir. April 30, 2021).

Don’t copy that
Lack of implied license results in copyright infringement
MidlevelU, Inc. v. ACI Information Group, No. 20-10856 (11th Cir. March 3, 2021); Latimer v. Roaring Toyz, Inc. (2010).

Functional color scheme isn’t protected trade dress
Sulzer Mixpac AG v. A&N Trading Co., No. 19-2951 (2d Cir. Feb. 18, 2021)

Can you hear us now? SCOTUS says app developers needn’t reinvent the wheel
Google LLC v. Oracle America, Inc., No. 18-956 (U.S. April 5, 2021)

Patentee falls short on proving willful infringement
Bayer Healthcare LLC v. Baxalta Inc., No. 2019-2418 (Fed. Cir. March 1, 2021)

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Michelle Ciotola and Ali Caless co-authored the article, "Trademark enforcement outside the courtroom: four underrated tools your clients may be overlooking," published by The Trademark Lawyer Magazine, Issue 4 2021. In the article, they explain how the United States Customs and Border Protection, trademark watch services, online infringement and modern trademark clearance can be utilized to amplify the strength of a brand and protect against infringement.

Oh, the places you won’t go - Fair use defense fails for mashup 
Dr. Seuss Enterprises, L.P. v. ComicMix LLC, No. 19-55348 (9th Cir. Dec. 18, 2020).

Take two - Court revives trademark infringement claim
Car-Freshner Corp. v. American Covers, LLC, No. 19-2750 (2d Cir. Nov. 19, 2020).

Federal Circuit diverges from PTAB on analogous art ruling
Donner Technology, LLC v. Pro Stage Gear, LLC, No. 20-1104 (Fed. Cir. Nov. 9, 2020).

Language matters: Grammar guides court’s patent interpretation
SIMO Holdings Inc. v. Hong Kong uCloudlink Network Technology Ltd., No. 2019-2411 (Fed. Cir. Jan. 5, 2021).

Patent attorney Tina Dorr, Ph.D., Esq. and trademark and copyright attorney Michelle Ciotola, partners at Cantor Colburn, will attend Made in America 2021, for which they co-wrote the article, the Seven Deadly Sins of IP. Made in America 2021 is a networking event and trade show that raises awareness of American-made manufacturers and brands, taking place on October 1-3, 2021 in Louisville, Kentucky.

Confusion reigns
Ninth Circuit addresses counterfeiting claims
Arcona, Inc. v. Farmacy Beauty, LLC, No. 19-55586 (9th Cir. Oct. 1, 2020)

Any way you slice it
Copyright Act requires domestic infringement
IMAPizza, LLC v. At Pizza Ltd., No. 18-7168 (D.C. Cir. July 17, 2020)

USPTO responds to Booking.com ruling with revised guidelines

Objectively reasonable belief doesn’t preclude induced infringement liability
TecSec, Inc. v. Adobe Inc. Nos. 19-2192, 2258 (Fed. Cir. Oct. 23, 2020)

Partner Tina Dorr wrote the article, "Stories from Inside the Patent Process," published in the Association for Women in Science Spring 2021 magazine.

Behind the curtain
“Jersey Boys” doesn’t violate copyright on autobiography
Corbello v. Valli, No. 17-1637 (9th Cir. Sept. 8, 2020).

“Method of preparation” involving natural phenomenon is patent-eligible
Illumina, Inc. v. Ariosa Diagnostics, Inc., No. 19-1419 (Fed. Cir. Aug. 3, 2020); Association for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. 576 (2013).

Don’t let patent licensing missteps cost you
Packet Intelligence LLC v. Netscout Systems, Inc., No. 19-2041 (Fed. Cir. July 14, 2020).

Who can file for trademark cancellation?
Australian Therapeutic Supplies Pty. Ltd. v. Naked TM, LLC, No. 19-1567 (Fed. Cir. July 27, 2020).

Katherine Tassmer and Todd Garabedian's article, "Determining joint inventorship: antibody paying attention?" was published in The Patent Lawyer Magazine Annual 2021 issue. Their article discusses the tenets of joint inventorship under U.S. law with specific reference to the Dana-Farber decision.