Kimberly Berger

Kimberly Berger

Miller Canfield

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“Black and White” Is So 2014 for EU Trademarks

Under a new Community Trade Mark (CTM) rule, trademarks filed in black and white, or greyscale, may no longer be protected if the mark is used predominantly in color. The CTM system creates a unified trademark registration...more

7/10/2015 - Color Marks Community Trademark EU International Harmonization Member State Trademarks

To File or Not to File (Before the TTAB) – Supreme Court Holds TTAB Decisions Can Have Preclusive Effect in Federal Court

In its second trademark decision this term, the U.S. Supreme Court ruled that certain findings by the Trademark Trial and Appeal Board (TTAB) relating to whether there is a “likelihood of confusion” between trademarks can...more

3/26/2015 - B&B Hardware v Hargis Industries Issue Preclusion Likelihood of Confusion Patent Trial and Appeal Board Popular SCOTUS Trademark Infringement Trademarks

Can This Trademark Be Tacked? Ask the Jury

“Trademark tacking” is an issue of fact that must be decided by a jury, the U.S. Supreme Court has unanimously ruled in Hana Financial, Inc. v. Hana Bank, et al. “Trademark tacking” is the doctrine by which a trademark...more

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

USPTO Cancels Washington Redskins' Trademark Registrations

In a landmark case, the Unites States Patent and Trademark Office cancelled six trademark registrations associated with the National Football League team, the Washington Redskins, finding that use of the term "redskin" is...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

ICANN’t: U.S. to Transition Oversight of ICANN

The U.S. Commerce Department recently announced its plan to transition oversight of the non-profit Internet Corporation for Assigned Names and Numbers (ICANN), which manages Internet domain names and addresses, to a...more

4/18/2014 - ICANN NTIA U.S. Commerce Department

Don’t Get “Crushed”: Three Ways to Avoid Being a Bully While Protecting Your Trademarks

Protecting a trademark can often create as many new problems for a brand owner as it solves, if not handled properly. Recently, King.com, owner of the popular game app Candy Crush Saga, received an avalanche of...more

2/14/2014 - Trademark Bullying Trademarks

Supreme Court Rules That Pay-For-Delay Settlements Subject To Antitrust Challenges

Antitrust challenges to so-called “pay-for-delay” settlements in drug patent suits are allowed under the U.S. Supreme Court’s recent decision in Federal Trade Commission v. Actavis, Inc....more

6/25/2013 - Anti-Competitive Antitrust Litigation FTC FTC v Actavis Generic Drugs Hatch-Waxman Patents Pay-For-Delay

Study Shows Hiring an Attorney Gives You a Better Chance of Registering Your Trademark

Preparing a trademark application to the United States Patent and Trademark Office? A recent study shows that hiring an experienced trademark attorney to guide you through the process can give you a much better chance of...more

5/10/2013 - Legal Advice Trademarks USPTO

It’s All in the Bag – Fendi Counterfeiter Held Liable for Willful Infringement

The U.S. Court of Appeals for the Second Circuit recently awarded Fendi at least $12.3 million in damages, finding that the trademark infringement of importer Ashley Reed Trading, Inc. was willful....more

1/16/2013 - Counterfeiting Importers Infringement Trademarks Willful Infringement

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