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Taylor MacDonald

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Indexed articles, last 90 days
3
Latest publication
Sep 25, 2026
Outlet visibility, for natlawreview.com
Top 1M sites
Earliest in this view
Aug 13, 2026

Latest articles

  1. Article · Sep 25, 2026 · Taylor MacDonald

    Hallucinated Help: USPTO Disciplines Patent Attorney for Failing to Verify AI-Generated Citations (opens the original)

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    The United States Patent and Trademark Office (USPTO) issued a final order approving a settlement between its Office of Enrollment and Discipline (OED) and a registered patent attorney accused of professional misconduct arising from the use of artificial intelligence (AI) in patent litigation. In re Brian E. Mitchell, Proceeding No. D2026-16 (Director July 27, 2026). Brian Mitchell, a registered patent attorney who had never appeared before the USPTO, used AI to assist in preparing a proposed cl

  2. Article · Sep 3, 2026 · Taylor MacDonald

    Floored- Rule 41(a)(2) Dismissal Supports Appellate Jurisdiction (opens the original)

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    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 Creekside Development, LLC, Case No. 23-50750 (5th Cir. Aug. 21, 2026) (Willett, J.) (Haynes, J., concurring)

  3. Article · Aug 13, 2026 · Taylor MacDonald

    Safety-Enhancing Color is Functional, not Protectable as Trademark (opens the original)

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    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 & Trademark Office (USPTO), litigation conduct, and continued reliance on an incorrect interpretation of the functionality standard. Weems

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