J. Kevin Fee

J. Kevin Fee

Morgan Lewis

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Federal Circuit Reverses Claim Construction of Design Patent That Ignored Functional Elements

Applicants for design patents should consider claiming functional aspects of their designs in addition to the purely ornamental elements as part of their claiming strategy to achieve the broadest protection for their designs....more

5/3/2016 - Appeals Claim Construction Design Patent Functionality Patents Utility Patents Young Lawyers

The High Price of Challenging a Refusal to Register a Trademark in District Court

Applicants who challenge in a federal district court a Trademark Trial and Appeal Board decision that upholds a PTO refusal to register a trademark may be required to reimburse the government for PTO attorney fees, even if...more

4/30/2015 - Appeals Attorney's Fees Trademark Trial and Appeal Board Trademarks USPTO

Supreme Court’s Trademark Tacking Decision: Possible Impact on Likelihood of Confusion?

The Supreme Court’s decision that juries should decide whether consumers would consider two marks to be the same for the purpose of trademark tacking may help resolve a split in the circuits as to whether the likelihood of...more

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

Food Companies Should Expect More False Advertising Claims

The Supreme Court holds that competitors may bring Lanham Act claims challenging food and beverage labels that are regulated by the FDA....more

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

The High Price of Challenging a Trademark Trial and Appeal Board Decision in District Court

Applicants who challenge a Trademark Trial and Appeal Board refusal to register a trademark must reimburse the government for PTO attorney fees even if they win....more

1/9/2014 - Attorney's Fees Trademark Litigation Trademark Trial and Appeal Board Trademarks

Enforcement Implications of Already, LLC v. Nike, Inc.

Brand owner's broad covenant not to sue may render invalidity counterclaims moot. On January 9, the U.S. Supreme Court in Already, LLC v. Nike, Inc. held that a plaintiff trademark owner's dismissal of its infringement...more

1/24/2013 - Already LLC Covenant Not to Sue Mootness Nike SCOTUS Trademarks

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