Steve Baird

Steve Baird

Winthrop & Weinstine, P.A.

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Latest Posts › SCOTUS


Likelihood of Preclusion: Fallout From the Supreme Court Ruling on Likely Confusion

Move over likelihood of confusion, there is another sheriff in town, at least when it comes to looking for guidance on best practices and strategic considerations for a brand owner’s clearance, registration, protection and...more

5/11/2015 - B&B Hardware v Hargis Industries Hana Financial v Hana Bank Issue Preclusion Likelihood of Confusion SCOTUS Trademark Trial and Appeal Board Trademarks

On Unintended Consequences: Will the B&B SCOTUS Ruling Encourage Trademark Bullies?

Last week, while I was preparing for and had the unique opportunity of arguing a real, live TTAB final hearing on the merits, outside the TTAB’s typical oral hearing location (because it was selected by the TTAB to be part of...more

3/31/2015 - B&B Hardware v Hargis Industries Issue Preclusion Likelihood of Confusion SCOTUS Trademark Bullying Trademark Infringement Trademark Trial and Appeal Board Trademarks Trial de Novo

Channeling Justice Ginsburg of U.S. Supreme Court on the Right to Register a Trademark

We sounded the alarm exactly six months ago about a trademark case of great importance to brand owners: B&B Hardware v. Hargis Industries. Earlier this week, the U.S. Supreme Court heard oral argument in the case, and here is...more

12/5/2014 - Claim Preclusion Lanham Act Likelihood of Confusion Oral Argument Registration Ruth Bader Ginsberg SCOTUS Subject Matter Jurisdiction Trademark Litigation Trademark Trial and Appeal Board Trademarks

Amici Weigh in on “Right to Register v. Right to Use” Trademark Case at Supreme Court

More than three months ago, we sounded the alarm about an important trademark case to consider the interplay between the right to register and the right to use a trademark:...more

9/23/2014 - Federal Trademark Register Popular SCOTUS Trademark Litigation Trademarks

Supreme Court Upholds Nike’s Promise to “Break the Wrist, and Walk Away”

Not every day does the United States Supreme Court weigh in on a topic impacting the trademark world, but it did so yesterday in Already, LLC v. Nike, Inc., a case illustrating what can happen when a trademark plaintiff wants...more

1/10/2013 - Infringement Lanham Act Nike SCOTUS Trademark Bullying Trademarks

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