Red Flag Raised: E-Motosport Patent Ineligible Under Section 101

In Integrated Technology Solutions v. iRacing.com Motorsport Simulations, 2022 WL 4356494, (D. Mass. Sept. 20, 2022), plaintiff ITS asserted at least U.S. Patent No. 10,046,231 claim 15 against iRacing. That claim reads:

A system, that is at least partially hardware, comprising:

an identification component configured to identify a change in a temperature of a racing surface in a racing video game;

a determination component configured to determine an impact of the change in the temperature of the racing […]

By | September 13th, 2022 ||

How You May Succeed In Registering An Affinity Mark Despite Another’s Identical Mark

The Zeta Tau Alpha Sorority, which dates back to 1898 and is popularly known as ZTA, was refused registration of ZTA for jewelry (claiming use since at least 1915) and clothing items (claiming use since at least 1940), despite its ownership of an existing 2001 registration of this mark for association services, because of a 2020 registration of ZTA for a variety of housewares and kitchen items owned by a Chinese company (claiming use […]

By | August 15th, 2022 ||

Trademark Modernization Act Of 2020 Provides New Tools For Removing Deadwood Trademark Registrations

Under US law, to obtain a trademark registration, an Applicant must demonstrate a bona fide use of the mark in the ordinary course of trade. In recent years, there has been a dramatic increase in trademark applications that falsely claim a bona fide use in trade. As a result, the United States Patent and Trademark Office (“USPTO”) has been issuing and maintaining registrations for trademarks that should never have issued. When such fraudulent registrations remain on the Trademark […]

By | August 10th, 2022 ||