Taylor MacDonald
Subscribe to Taylor MacDonald's PostsTaylor MacDonald focuses her practice on intellectual property litigation matters. Read Taylor MacDonald's full bio.
Floored: Rule 41(a)(2) dismissal supports appellate jurisdiction
By Taylor MacDonald on Sep 3, 2026
Posted In Copyrights
The US Court of Appeals for the Fifth Circuit affirmed dismissal of a plaintiff’s Digital Millennium Copyright Act (DMCA) claims while vacating dismissal of its copyright infringement claims involving architectural floorplans, concluding that the Court had appellate jurisdiction despite the plaintiff’s voluntary dismissal under Fed. R. Civ. P. 41(a)(2). Kipp Flores Architects, LLC v. AMH...
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Safety-enhancing color is functional, not protectable as trademark
By Taylor MacDonald on Aug 13, 2026
Posted In Trademarks
The US Court of Appeals for the Eighth Circuit affirmed cancellation of a trademark covering chartreuse-colored water hoses, finding that the color was functional because it improved visibility and therefore enhanced safety. The Court also affirmed a $3 million attorneys’ fee award based on the trademark owner’s lack of candor before the United States Patent...
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Compound errors: Written description, not typographical error analysis, controls priority claim
By Taylor MacDonald on Jul 1, 2026
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed summary judgment that the asserted patent was invalid as anticipated because the provisional application to which it claimed priority did not provide adequate written description support for the claimed compound. The Court explained that the proper inquiry was whether the provisional demonstrated possession of the...
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Article III standing: Claims of future injury must be sufficiently tied to the claim limitations at issue
By Taylor MacDonald on Apr 16, 2026
Posted In Patents
The US Court of Appeals for the Federal Circuit dismissed an appeal of a post-grant review (PGR) for lack of Article III jurisdiction, finding that the appellant failed to meet its burden to prove it would likely suffer an injury in fact. ironSource Ltd. v. Digital Turbine, Inc., Case No. 2024-1831 (Fed. Cir. Apr. 7,...
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Virtually displayed: USPTO updates guidance for computer-generated interfaces and icons
By Taylor MacDonald on Mar 26, 2026
Posted In Patents
To address evolving digital technologies, the United States Patent and Trademark Office (USPTO) issued supplemental guidance for examining design patent applications directed to computer-generated interfaces and icons. The guidance expands flexibility for applicants – particularly in projection, hologram, and virtual and augmented reality (PHVAR) contexts – while maintaining the statutory requirement that claimed designs be...
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Attorney-client relationship owed to both joint IP owners
By Taylor MacDonald on Feb 19, 2026
Posted In Patents
Addressing attorney-client relationship formation and legal malpractice, the US Court of Appeals for the First Circuit reversed in part, vacated in part, and remanded a district court’s grant of summary judgment. The Court concluded that an attorney-client relationship existed as a matter of law and that a malpractice claim was premature for resolution at the...
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Associational standing requires concrete, non-speculative harm
By Taylor MacDonald on Oct 16, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a district court decision dismissing a lawsuit against the United States Patent and Trademark Office (USPTO) for lack of associational standing since no member of the association had standing to sue. US Inventor, Inc. v. United States Patent and Trademark Office, Case No. 24-1396 (Fed....
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Bank on it: Likelihood of confusion analysis requires factual consistency when evaluating DuPont factors
By Taylor MacDonald on Oct 2, 2025
Posted In Trademarks
The US Court of Appeals for the Federal Circuit reversed in part a decision by the Trademark Trial & Appeal Board and remanded for new analysis of two factors under the Dupont likelihood of confusion test. The Court emphasized that the factual determination in factor two (similarity of the parties’ goods or services) should remain...
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Specification controls: Written description must be clear
By Taylor MacDonald on Aug 21, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed a district court’s decision upholding patent validity, finding that the subject patent’s specification clearly established that the written description failed to adequately support the full scope of the asserted claims (35 U.S.C. § 112). Mondis Technology Ltd. v. LG Electronics Inc., Case Nos. 23-2117; -2116...
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Que sera, sera: No declaratory relief after songwriter’s heir terminated copyright assignments
By Taylor MacDonald on Jul 17, 2025
Posted In Copyrights
Addressing the intersection of a trust beneficiary’s rights to royalties and an heir’s copyright termination rights under 17 U.S.C. § 203, the US Court of Appeals for the Sixth Circuit affirmed the district court’s order dismissing the beneficiary’s request for declaratory relief for failure to state a claim. Tammy Livingston v. Jay Livingston Music, Inc....
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