Articles News & Research

Friday, July 12, 2019

The U.S. Patent & Trademark Office (“PTO”) issued a final rule, effective on August 3, 2019, requiring that all applicants and registrants who are not domiciled within the United States must be represented by a United States attorney (specifically, “an attorney who is an active member in good standing of the bar of the highest court of a state in the United States”).

Thursday, July 11, 2019

Berenato & White, LLC is proud to announce that the Maryland State Bar Association has published an article of B&W attorney David S. Taylor in the June 15, 2019 Bar Bulletin, page 12.  The article concerns a recent U.S. Supreme Court ruling, Mission Prod. Holdings, Inc. v. Tempnology, LLC, --- U.S. ---, No.

Wednesday, June 26, 2019

The U.S. Supreme Court has ruled that a statutory prohibition under 15 U.S.C. § 1052(a) against the federal registration of marks that contain “immoral” or “scandalous” matter violates the First Amendment of the U.S. Constitution.  Iancu v. Brunetti, --- S.Ct. ---, No. 18-302, 2019 WL 2570622 (June 24, 2019). The case arose from the U.S. Patent & Trademark Office’s refusal to register the mark FUCT as applied to clothing, because the mark is a homonym of a vulgar word.  Writing for the majority, Justice Kagan relied on the Supreme Court’s 2017 decision, Matal v.

Tuesday, June 25, 2019

The Maryland State Bar Association has published an article written by Berenato & White attorneys David Taylor and Corinne Pouliquen in the May 2019 MSBA Bar Bulletin.  The article is entitled “How much are patents related to large animal breeding worth?,” and analyzes XY, LLC v. Trans Ova Genetics, L.C., 890 F.3d 1282 (Fed. Cir.

Monday, June 24, 2019

The U.S. Supreme Court decided in Return Mail, Inc. v. U.S. Postal Service, No.

Thursday, May 30, 2019

The U.S. District Court for the District of Maryland took up another trade secret case in Ultimate Outdoor Movies, LLC v. Funflicks, LLC, No. SAG-18-2315, 2019 WL 2233535 (D. Md. May 23, 2019).  The plaintiffs asserted that their “client list” constituted a trade secret that the defendants had misappropriated in violation of the Maryland Uniform Trade Secrets Act (“MUTSA”) and the Federal Trade Secrets Act (“FTSA”).  District Court Judge Stephanie A.

Friday, May 10, 2019

The USPTO will now permit registration of marks identifying goods derived from “hemp” so long as the applications specify that the goods contain less than 0.3% THC.  Until recently, the U.S. Patent & Trademark Office (USPTO) has refused registration of trademark applications identifying goods encompassing marijuana (or parts of the plant Cannabis sativa L.

Thursday, May 9, 2019

The Court of Appeal for the Fourth Circuit provided a reminder of the potential dangers of downloading photographs and other images from image-sharing websites in Brammer v. Violent Hues Prods., LLC, --- F.3d ---, 2019 WL 1867833, 18-1763 (4th Cir. Apr. 26, 2019).  Mr. Brammer, a commercial photographer, brought a copyright infringement action after learning that one of his photographs depicting the Adams Morgan neighborhood of Washington, D.C.

Tuesday, April 30, 2019

In Chargepoint, Inc. v. Semaconnect, Inc., the Federal Circuit affirmed the ruling of Senior Judge Marvin J. Garbis of the U.S. District Court for the District of Maryland that four patents directed to charging stations for electric vehicles were ineligible for patenting under 35 U.S.C.