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The Trademark Lawyer — From Function to Fashion: Birkenstock’s Copyright Pursuit by Christopher Shrock

Will the German Federal Court of Justice find the substance of Birkenstocks has transubstantiated from functional orthopedics to works of art while their accidents remain unchanged? The iconic sandal manufacturer hopes so. Birkenstock is fighting a new wave of imitators and, therefore, seeking copyright protection for its Bohemian footwear in three recent suits. While the sandals may find some hope in Germany’s lowered creativity threshold, most likely, they are without a place to stand.

Gavel to Gavel: Former USPTO Directors Urge Reconsideration of Proposed Terminal Disclaimer Rule by Christopher Shrock

Five former directors of the U.S. Patent and Trademark Office have called on current Director Kathi Vidal to withdraw proposed changes to terminal disclaimer rules. Vidal’s predecessors worry the rule would depart from the “normal process of considering each patent claim on its own merits.”

The Patent Lawyer Magazine – Lenovo’s Zenbook attack: valid claim or troll move? by Christopher Shrock

Lenovo has sued ASUS TeK in the Northern District of California (23-CV-5892), alleging ASUS’ Zenbook Pro laptop infringes four of Lenovo’s patents. IT message boards have expressed outrage, mostly at the Patent Office, for granting protections on this “familiar” technology. Others see a David-and-Goliath story, with “tiny” Taiwanese ASUS against “giant” Chinese aggressor Lenovo. As usual, the truth is more subtle and mysterious.