Senate Passes Historic Patent Reform Bill
0 Comments - 09 Mar 2011
The Senate yesterday passed the America Invents Act (S. 23) by a vote of 87-3. Although some provisions were dropped, the Senate bill retained the following key elements: Third party submissions of prior art for pending applications; USPTO fee setting authority; Supplemental examination authority; Repeal of the residency requirement for Federal Ci...

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Senate Defeats Feinstein Patent Amendment
0 Comments - 03 Mar 2011
An amendment that was offered by Senator Dianne Feinstein (D-CA) to the patent reform bill (America Invents Act S. 23) has been tabled by a vote of 87 to 13. The Feinstein Amendment removed the First To File provision in favor of the existing First to Invent System.  Arguments against the First to File System include not allowing independent...

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Monday, October 5, 2009

Sound Trademark Dispute: Ride the Ducks v. Bay Quackers

In a recent sound trademark dispute, Bay Quackers, a San Francisco tour company featuring an amphibious truck in which tourists “quack” with a kazoo, violates the registered trademark of competitor Ride the Ducks. Based in Norcross, Ga., Ride the Ducks operates amphibious sightseeing tours around the country See the full article at http://www.abajournal.com/magazine/quackers Any indication of source or origen can be protected with a trademark including not only sounds, but scents.  Harley Davidson has attempted to obtain a sound trademark for its exhaust sound and the application was approved by the Trademark Examiner in April of 1995.  The mark was opposed by the major motorcycle manufacturers and was later abandoned.

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