Michael Boudett

Michael Boudett

Foley Hoag LLP

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Supreme Court’s B&B Hardware ruling creates the potential for court deference to the TTAB — but will it happen?

Did TTAB proceedings — until now considered a relatively obscure branch of IP litigation, conducted before an administrative body of which most attorneys are blissfully unaware — just assume greater importance? That seems...more

4/13/2015 - B&B Hardware v Hargis Industries Issue Preclusion Likelihood of Confusion Popular SCOTUS Trademark Infringement Trademark Trial and Appeal Board Trademarks

Tacky Victory: Hana Bank allowed to use three different trademarks to gain priority over Hana Financial

In a unanimous ruling, the Supreme Court upheld the Ninth Circuit Hana Financial v. Hana Bank and ruled that the question of “tacking” — whether a party’s prior version of its trademark is so closely similar to the current...more

2/5/2015 - Hana Financial v Hana Bank Jury Questions Likelihood of Confusion SCOTUS Tacking Trademarks

Nike’s Successful Retreat Strategy: Trademark Defendant’s Invalidity Counterclaim Is Moot Following Plaintiff’s Covenant Not to...

Nike, having sued competitor Already LLC for infringing its marks, later issued a covenant not to sue to Already and sought to dismiss the case. Defendant Already, however, had filed a counterclaim seeking a declaration that...more

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

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