Taylor MacDonald
- 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
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
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)
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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