James Johnson

James Johnson

Sutherland Asbill & Brennan LLP

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Trademark Wars: The First Amendment Strikes Back – Lanham Act’s Disparaging Trademark Registration Ban Struck Down as...

The U.S. Court of Appeals for the Federal Circuit, en banc, has ruled that Section 2(a) of the Lanham Act precluding “disparaging” trademark registrations is unconstitutional, rejecting the argument that trademark...more

12/30/2015 - Disparagement First Amendment Lanham Act Redskins Strict Scrutiny Standard Trademark Cancellation Trademark Litigation Trademark Registration

“Use It or Lose It”: Service Mark Registration Canceled When Application Supported Only by Advertising

On March 2, 2015, the U.S. Court of Appeals for the Federal Circuit issued its first-ever ruling addressing use requirements for registering service marks. The court held that offering a service, without the actual rendering...more

3/6/2015 - Advertising Appeals Lanham Act Registration Service Marks Use in Commerce

U.S. Supreme Court Unanimously Rules That Juries Should Decide Trademark Tacking

In its first substantive trademark ruling in more than a decade, the U.S. Supreme Court unanimously held on January 21, in Hana Financial, Inc. v. Hana Bank et al., No. 13-1211, that tacking – which is whether two trademarks...more

1/26/2015 - Hana Financial v Hana Bank Jury Questions Likelihood of Confusion SCOTUS Tacking Trademarks

Legal Alert: Trademark Clearinghouse and the New gTLDs

The new Generic Top - Level Domain (gTLD) expansion program developed by the Internet Corporation for Assigned Names and Numbers (ICANN) includes a Trademark Clearinghouse (TMCH), which was set to go into effect beginning...more

3/29/2013 - Domain Names gTLD ICANN Internet Trademark Clearinghouse Trademarks

A New Design Patent International Filing Treaty

A new system for international design patent registration will greatly benefit design innovators through cost and timing efficiencies. In December 2012, President Obama signed into law the Patent Law Treaties Implementation...more

1/5/2013 - Design Patent Patents Registration Treaties World Intellectual Property Organisation

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