Andrew Baum

Andrew Baum

Foley & Lardner LLP

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Win or Lose, Trademark Applicants Must Pay PTO Attorney Fees in Appeals to District Court, Fourth Circuit Says

In a 2-1 decision issued on April 23, 2015, the Fourth Circuit held that a trademark applicant who appeals an adverse ex parte decision of the Trademark Trail and Appeal Board (TTAB) to a U.S. District Court must pay the...more

4/27/2015 - Attorney's Fees Popular Trademark Trial and Appeal Board Trademarks USPTO

Supreme Court Holds That TTAB Decisions on Likelihood of Confusion May Bind Courts in Infringement Litigation

In a 7 – 2 decision issued March 24, 2015, the U.S. Supreme Court held that decisions of the Trademark Trial and Appeal Board (TTAB) on the issue of likelihood of confusion, made in registration cases, can be binding on...more

3/25/2015 - B&B Hardware v Hargis Industries Corporate Counsel Issue Preclusion Likelihood of Confusion Registration SCOTUS Trademark Infringement Trademark Trial and Appeal Board Trademarks

New ".SUCKS" TLD Creates Dilemma for Trademark Owners

March 30, 2015, is the opening day of the “sunrise” period for registration of domain names in the .SUCKS top-level domain (TLD). Unlike other recently created TLDs, which are typically oriented toward either particular...more

3/24/2015 - Domain Names gTLD ICANN Trademark Clearinghouse Trademarks

Supreme Court Rules Trademark Tacking Is a Question for Juries

The tacking doctrine allows trademark owners to make slight modifications to their marks over time without an attendant loss of rights. Specifically, owners can claim priority in a mark based on the first use date of a...more

1/23/2015 - Hana Financial v Hana Bank Jury Questions Likelihood of Confusion SCOTUS Tacking Trademarks

USPTO Reduces Electronic Trademark Filing Fees Effective January 2015

This week the U.S. Patent and Trademark Office (PTO) gave some good news to trademark owners. Effective January 17, 2015, the PTO will reduce filing fees for electronic trademark applications and renewals....more

12/22/2014 - Electronic Filing Filing Fees Popular Trademarks USPTO

New Jersey Bankruptcy Court Extends Unusual Protection to Trademark Licensees Under Section 365(n)

A recent Bankruptcy Court decision in New Jersey took an unusual approach in determining the rights of the debtors’ trademark licensees following the debtors’ rejection of the licenses as executory contracts. In In re Crumbs...more

12/1/2014 - Bankruptcy Code Commercial Bankruptcy Executory Contracts IP License Licenses Trademarks

Supreme Court Rules That Aereo’s TV Transmissions Infringe Copyrights as an Illegal Public Performance

In a 6-3 decision earlier today, the United States Supreme Court held that Aereo infringes broadcasters’ copyrights by providing the means for subscribers to view programs through individually-assigned antennas at about the...more

6/26/2014 - Aereo Broadcasting Copyright Copyright Infringement SCOTUS

U.S. Patent and Trademark Office Orders Cancellation of "REDSKINS" Trademark Registrations

On June 18, 2014, a divided panel of the U.S. Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”) ordered cancellation of six of the Washington Redskins’ trademark registrations holding that “Redskins” was a...more

6/20/2014 - Blackhorse v Pro-Football Disparagement Football Laches Native American Issues NFL Redskins Registration Trademark Act Trademark Trial and Appeal Board Trademarks

Supreme Court Holds That Lanham Act False Advertising Claims Are Not Preempted by FDCA

Earlier today, the U.S. Supreme Court unanimously held that a Lanham Act false advertising case may be brought even if Food and Drug Administration (FDA) beverage labeling regulations permit use of the challenged claim....more

6/13/2014 - Advertising Coca Cola FDA FDCA Food Labeling Lanham Act NLEA POM Wonderful POM Wonderful v Coca Cola Popular SCOTUS

Full Class Heading Does Not Cover “All Services” in the United States

Trademark owners outside the United States often find it useful to file U.S. applications based on priority from an application or registration in their home country, or as an extension of protection from an International...more

2/7/2014 - Madrid Protocol Patent Litigation Trademark Trial and Appeal Board Trademarks USPTO

Lack of Evidence of Intent to Use Dooms an “ITU” Trademark Application

The Trademark Trial and Appeal Board (TTAB) recently granted summary judgment sustaining an opposition against an application based on intent-to-use (“ITU”) on the sole ground that the applicant had no tangible proof of any...more

11/1/2013 - Intent-to-Use Trademark Trial and Appeal Board Trademarks

TTAB Cancels Registration Due to Improper Assignment of Intent-to-Use Application

In a precedential decision issued last week, the Trademark Trial and Appeal Board (TTAB) cancelled a registration because it was based on an intent-to-use (ITU) application that had been the subject of an intra-corporate...more

8/22/2013 - Assignments Intent-to-Use Trademarks USPTO

Tenth Circuit Rejects Infringement Claim Against Use of Competitor’s Trademark as Search Engine Keyword

The practice of using a competitor’s trademark as a keyword to trigger sponsored links in Internet search engines received a boost this week from the U.S. Court of Appeals for the Tenth Circuit....more

7/18/2013 - Infringement Keyword Search Search Engines Trademark Policing Trademarks

Copyright and Patent Implications of Supreme Court's First Sale Doctrine Ruling

In a 6-3 decision issued on March 19, 2013, the U.S. Supreme Court held that the first sale doctrine, which allows the owner of a “lawfully made” copy of a copyrighted work to freely sell it, also applies to the resale of...more

3/26/2013 - Copyright Exports First Sale Doctrine Grey Market Imports Kirtsaeng v. John Wiley & Sons SCOTUS

Supreme Court Holds Covenant Not to Sue Moots Counterclaim for Invalidity

In a unanimous decision issued in Already, LLC d/b/a/ Yums v. Nike (No. 11-982, January 9, 2013), the Supreme Court held that a plaintiff’s dismissal of a trademark infringement case, combined with a broad covenant not to...more

1/10/2013 - Already LLC Infringement Mootness Nike SCOTUS Standing Trademark Bullying Trademarks

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