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This case examines the application of trademark functionality doctrine in the medical device industry, specifically addressing whether the pink color of ceramic hip components can be protected as a trademark. The case provides important guidance on how courts evaluate functionality claims and the intersection between patent and trademark protection for product features….By: Sheppard Mullin Richter…

The USPTO is restructuring its electronic trademark filing process by replacing the current TEAS Plus and TEAS Standard options with a single streamlined electronic application. Under the new system, the separate fees for TEAS Plus and TEAS Standard applications, as well as the processing fee for non-compliance with TEAS Plus requirements, will be discontinued. Instead,…

Last week, New Jersey Attorney General Matthew Platkin announced new guidance that the New Jersey Law Against Discrimination (LAD) applies to algorithmic discrimination, i.e., when automated systems treat people differently or negatively based on protected characteristics….By: Robinson+Cole Data Privacy + Security Insider

The integration of artificial intelligence (“AI”) into legal practice is no longer a future prospect. It’s a reality that many attorneys are facing today. As law firms and legal departments begin to adopt AI tools to enhance efficiency and service delivery, the legal profession faces a critical moment that demands both innovation and careful consideration.…

On December 11, 2024, the United States District Court for the Southern District of Texas refused to allow extrinsic evidence under the Monroe conditions where plaintiff’s employment status and the merits of the case overlapped. Thus, Judge Jeffrey Vincent Brown found that the insurer had a duty to defend….By: Zelle LLP

For over three decades, federal preemption of state failure to warn claims has served as a powerful defense in strict liability tort cases. Courts have consistently dismissed lawsuits challenging the adequacy of warnings for a range of products, including aerosol paints, thinners, cigarettes, medical devices, and pesticides, where federal statutes prohibit state law requirements that…

California’s beauty is undeniable, but its vulnerability to wildfires is a harsh reality. If you’re a homeowner in the Golden State, the aftermath of a wildfire can be devastating, both personally and financially. Navigating insurance claims amidst the chaos adds another layer of complexity. This guide is designed to help you understand the process and…