Anisa Noorassa
Subscribe to Anisa Noorassa's PostsAnisa Noorassa focuses her practice on intellectual property litigation matters. Read Anisa Noorassa's full bio.
No Home Away From Home: Federal Circuit Confirms PTO Domicile Requirements
By Anisa Noorassa on Feb 22, 2024
Posted In Trademarks
The US Court of Appeals for the Federal Circuit confirmed the US Patent & Trademark Office’s (PTO) refusal to register a trademark based on the applicant’s failure to comply with the domicile address requirement of 37 C.F.R. §§ 2.32(a)(2) and 2.189. In re Chestek PLLC, Case No. 22-1843 (Fed. Cir. Feb. 13. 2024) (Lourie, Chen,...
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First Amendment Bowled Over by Lanham Act – Again
By Anisa Noorassa on Jan 25, 2024
Posted In Trademarks
In response to the Supreme Court of the United States’ ruling in Jack Daniel’s, the US Court of Appeals for the Ninth Circuit reconsidered its 2022 decision in Punchbowl v. AJ Press and determined that Jack Daniel’s reset prior Ninth Circuit precedents regarding the interaction of First Amendment rights and the Lanham Act. The Ninth...
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Artificial Inspiration? Style Execution by AI Obviates Human Authorship
By Anisa Noorassa on Dec 21, 2023
Posted In Copyrights
The US Copyright Office Review Board rejected a request to register artwork made using an artificial intelligence (AI) painting application, finding that the applicant “exerted insufficient creative control” over the application’s creation of the work. Second Request for Reconsideration for Refusal to Register SURYAST (Copyright Review Board, Dec. 11, 2023) (Wilson, Gen. Counsel; Strong, Associate...
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Off the Charts: Derivative Work Copyright Registers All Material in Derivative Work
By Anisa Noorassa on Jul 27, 2023
Posted In Copyrights
In a matter of first impression, the US Court of Appeals for the Ninth Circuit reversed the district court’s partial grant of summary judgment in favor of the defendants, vacated a jury verdict and an award of attorneys’ fees, and remanded an action alleging infringement of copyright in two charts depicting organizational change. The Court...
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Lanham Act Liability May Apply to Copyrighted Material
By Anisa Noorassa on Jun 8, 2023
Posted In Copyrights, Trademarks
The US Court of Appeals for the Ninth Circuit found that liability under the Copyright Act and liability under the Lanham Act are not mutually exclusive and that liability under the Copyright Act does not negate trade dress damages under the Lanham Act. Jason Scott Collection, Inc. v. Trendily Furniture, LLC, Case No. 21-16978 (9th...
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Not Today, HAL: Copyright Still Requires Human Input
By Anisa Noorassa on Mar 23, 2023
Posted In Copyrights
The US Copyright Office (USCO) issued a policy statement on March 16, 2023, clarifying its position on the use of artificial intelligence (AI) in copyrighted materials. This statement came in the wake of the USCO’s recent decision to revoke partial copyright protection over AI-generated images in a graphic novel. The USCO had previously issued copyright...
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Free Speech Shines Bright, Illuminates Patent Owner’s Right to Allege Infringement
By Anisa Noorassa on Mar 2, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed a district court’s preliminary injunction prohibiting a patent owner from communicating its view that a competitor infringed, finding that the speech restriction was improper because the infringement assertions were not objectively baseless. Lite-Netics, LLC v. Nu Tsai Capital LLC, Case No. 23-1146 (Fed. Cir. Feb....
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2023 IP Outlook: What to Watch in Patent, Trademark and Copyright Law
By Sarah Bro, Douglas Carsten, Syed K. Fareed, Mandy H. Kim, Charles Larsen, Christina (Tina) L. Martini, Jennifer M. Mikulina, Amol Parikh, Eleanor B. Atkins, Cecilia Choy, Ph.D., Anisa Noorassa, Alexander Piala, PhD, Joshua Revilla, Christian Tatum and Diana Pisani on Feb 7, 2023
Posted In Copyrights, EU Update, Life Sciences, Patents, Technology, Trademarks
Coming out of 2022, developments around the globe are shaping the intellectual property (IP) landscape in the new year. We are seeing cases at the intersection of IP law and NFTs, the opening of the Unified Patent Court in Europe, and decisions from the Supreme Court of the United States and the Court of Appeals...
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Absent Expressed Rationale of Obviousness, Federal Circuit Calls for Do-Over
By Anisa Noorassa on Jan 19, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed a ruling by the Patent Trial & Appeal Board (Board) where, on appeal, the US Patent & Trademark Office’s (PTO) rationale for sustaining the Board’s obviousness rejection did not reflect “the reasoning or findings the Board actually invoked.” In Re Google, LLC, Case No. 22-1012...
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On the Border of Art and Trademark: First Amendment Trumps the Lanham Act
By Anisa Noorassa on Dec 8, 2022
Posted In Trademarks
The US Court of Appeals for the Eleventh Circuit weighed trademark rights against free speech considerations and found that the First Amendment protected use of an artistic work that was not deliberately misleading. MGFB Properties Inc. et al. v. 495 Productions Holdings LLC et al., Case No. 21-13458 (11th Cir. Nov. 29, 2022) (Luck, Brasher,...
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