On Feb. 24, 2022, in In re: Steve Elster, the United States Court of Appeals for the Federal Circuit reversed the Trademark Trial and Appeal Board's refusal to register a trademark application for "TRUMP TOO SMALL" holding the denial unconstitutionally restricted free speech in violation of the First Amendment. Applicant Steve Elster sought registration of the mark "TRUMP TOO SMALL" with the United States Patent and Trademark Office in 2018 based on an intent to use the mark with clothing items.

On Feb. 24, 2022, in In re: Steve Elster, the United States Court of Appeals for the Federal Circuit reversed the Trademark Trial and Appeal Board's refusal to register a trademark application for "TRUMP TOO SMALL" holding the denial unconstitutionally restricted free speech in violation of the First Amendment. Applicant Steve Elster sought registration of the mark "TRUMP TOO SMALL" with the United States Patent and Trademark Office in 2018 based on an intent to use the mark with clothing items.

The Intellectual Property Section is promulgating a new blog series called "You Should Know This." This series will feature quick, to-the-point information that intellectual property practitioners should be aware of. The goal of the series is to keep intellectual property practitioners up to date on recent changes in practice or the law, key decisions rendered by U.S. courts and administrative panels and any other information or news that affects the practice. So, the next time a client or colleague brings up a new development, you can say, "yeah, I knew that." With that introduction, the following is the inaugural You Should Know This notice.

The Intellectual Property Section is promulgating a new blog series called "You Should Know This." This series will feature quick, to-the-point information that intellectual property practitioners should be aware of. The goal of the series is to keep intellectual property practitioners up to date on recent changes in practice or the law, key decisions rendered by U.S. courts and administrative panels and any other information or news that affects the practice. So, the next time a client or colleague brings up a new development, you can say, "yeah, I knew that." With that introduction, the following is the inaugural You Should Know This notice.

A recent Federal Circuit decision, Junker v. Med. Components, Inc., serves as a warning to prospective filers that making pre-filing offers for sale, or engaging in discussions for future sales, can be detrimental to one’s ability to obtain both design and utility patents.

A recent Federal Circuit decision, Junker v. Med. Components, Inc., serves as a warning to prospective filers that making pre-filing offers for sale, or engaging in discussions for future sales, can be detrimental to one’s ability to obtain both design and utility patents.

It is a common myth that intellectual property matters are reserved only for larger companies and do not affect small or medium-sized businesses. However, like other myths and fairy tales, this is fiction. Just like its larger corporate counterparts, a small or medium-sized business’s intellectual property can account for some of its most valuable assets and may be critical to its growth and success.

It is a common myth that intellectual property matters are reserved only for larger companies and do not affect small or medium-sized businesses. However, like other myths and fairy tales, this is fiction. Just like its larger corporate counterparts, a small or medium-sized business’s intellectual property can account for some of its most valuable assets and may be critical to its growth and success.

The IndyBar is proud to be a finalist for the ABA's 2022 Louis M. Brown Award for Legal Access! You can help our Virtual Ask a Lawyer program win the Brown Select Award, which is determined by public vote.

The IndyBar is proud to be a finalist for the ABA's 2022 Louis M. Brown Award for Legal Access! You can help our Virtual Ask a Lawyer program win the Brown Select Award, which is determined by public vote.