Sarah Bro

Sarah Bro

McDermott Will & Emery

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No Post-Trial “Bait-and-Switch” on Legal Theory

In a trademark infringement dispute, the US Court of Appeals for the Seventh Circuit found that a district court abused its discretion in allowing the plaintiff to argue that the defendant failed to prove continuous of use of...more

10/10/2016 - Appeals Summary Judgment Trademark Infringement Trademarks USPTO

Use of Rule 45 Subpoenas in TTAB Proceedings

The US Court of Appeals for the 10th Circuit clarified the proper discovery procedures for a Rule 45 subpoena to compel a nonparty to produce documents in a trademark dispute before the US Patent and Trademark Office (PTO)...more

9/9/2016 - Appeals Federal Rules of Civil Procedure Motion to Quash Protective Orders PTO Rule 45 Subpoenas Trademark Trial and Appeal Board Trademarks USPTO

Disparagement Proscription of § 2(a) Is Unconstitutional - In re Simon Shiao Tam

In the last several decades, the disparagement provision of § 2(a) of the Lanham Act has become a more frequent basis for rejection or cancellation of trademarks by the United States Patent and Trademark Office (PTO) and the...more

2/19/2016 - Disparagement En Banc Review First Amendment Free Speech Lanham Act Redskins Trademark Application Trademark Registration USPTO

Grrrr . . . Paw Print Trademarks Can Co-Exist - Jack Wolfskin Ausrustung Fur Draussen GmbH & Company KGAA v. New Millennium...

On appeal from the Trademark Trial and Appeal Board (TTAB or Board), the U.S. Court of Appeals for the Federal Circuit reversed the Board’s decision on the issue of likelihood of confusion with regard to two parties’ paw...more

10/8/2015 - Abandonment Intellectual Property Protection Likelihood of Confusion Third-Party Trademark Application Trademark Litigation Trademark Registration Trademark Trial and Appeal Board Trademarks USPTO

Federal Circuit Vacates Panel Decision on Disparaging Trademark and Orders En Banc Hearing - In re Tam

The U.S. Court of Appeals for the Federal Circuit issued a sua sponte order vacating its April 20, 2015, decision in In re Tam to consider the constitutionality of Section 2(a) of the Lanham Act, which provides that the U. S....more

6/4/2015 - Commercial Speech Disparagement First Amendment Lanham Act Music Redskins Trademark Trial and Appeal Board Trademarks USPTO

Trademark Trial and Appeal Board Sustains Opposition on the Basis of Fraud

Nationstar Mortgage LLC v. Mujahid Ahmad - The United States Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board (TTAB or Board) sustained an opposition on the basis of fraud, finding that Ahmad’s...more

11/21/2014 - Fraud Intent-to-Use Interstate Commerce Patent Trial and Appeal Board Popular Trademarks Use in Commerce USPTO

IP Update, Vol. 16, No. 6, June 2013

Patents / Patent Eligible Subject Matter - Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter -- AMP et al. v. Myriad Genetics, Inc.: In a 9–0 decision the Supreme...more

6/27/2013 - Abuse of Discretion AMP v Myriad Burden of Proof Copyright Damages DNA False Advertising First Amendment Human Genes Infringement Lanham Act Myriad Oprah Winfrey Patent Terms Patent-Eligible Subject Matter Patents Permanent Injunctions SCOTUS Time Warner Trade Secrets Trademarks USPTO Willful Infringement

IP Update, Vol. 16, No. 4, April 2013

Obviousness-Type Double Patenting May Exist When There Is Neither Common Ownership nor Common Inventorship - Addressing an obviousness-type double patenting rejection, the U.S. Court of Appeals for the Federal Circuit...more

4/30/2013 - Affidavits Claim Construction Copyright Copyright Infringement Discovery DMCA Infringement Patents Prior Art Safe Harbors Trademarks USPTO

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