Tracy-Gene G. Durkin

Tracy-Gene G. Durkin

Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Generic Top Level Domains - Current Sunrise Periods Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more

4/8/2015 - Domain Names gTLD ICANN Registration Sunrise Periods Trademarks

MarkIt to Market | March 2015

The March issue of Sterne Kessler's MarkIt to MarketTM newsletter provides 5 considerations for prioritizing your global trademark protection, identifies takeaways from a recent trade dress decision, and provides an updated...more

4/2/2015 - Color Marks gTLD Sunrise Periods Trade Dress Trademarks

Generic Top Level Domains - Current Sunrise Periods Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more

3/5/2015

MarkIt to Market - February 2015

The February issue of Sterne Kessler's MarkIt to MarketTM newsletter provides takeaways from the Supreme Court's Hana Financial decision, identifies a new anti-counterfeiting tool for owners of Canadian trademarks and...more

3/2/2015 - Canada Counterfeiting Domain Names gTLD Hana Financial v Hana Bank SCOTUS Sunrise Periods Tacking Trademarks

Design Patent Case Digest: Kedem, LLC v. Team International Group of America, Inc.

Decision Date: January 30, 2015 - Court: Southern District of Florida - Patents: D686,869; D694,057 - Holding: Defendant’s motion for summary judgment DENIED - Opinion: Kedem, LLC owns U.S. Design...more

2/20/2015

Generic Top Level Domains - Current Sunrise Periods Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. ...more

2/10/2015 - gTLD ICANN Sunrise Periods Technology

MarkIt to Market - January 2015

The January issue of Sterne Kessler's MarkIt to MarketTM newsletter comments on the trend of seeking to register popular slogans as trademarks, supplies a template for auditing your trademark rights, and gives an updated list...more

2/2/2015 - Audits Brand gTLD Sunrise Periods Trademarks

Design Patent Case Digest: Anderson v. Kimberly-Clark Corporation

Decision Dates: September 25, 2013 and July 10, 2014 - Court: W.D. Washington and Federal Circuit - Patent: D401,328 - Holding: Defendant’s Motion for Judgment on the Pleadings GRANTED; Complaint...more

1/23/2015 - Design Patent Judgment on the Pleadings Kimberly-Clark Patent Infringement Patent Litigation Patents

Design Patent Case Digest: Robinson v. JoeyBra LLC

Decision Date: May 8, 2013 and June 3, 2014 Court: W.D. Virginia - Patent: D448,541 - Holding: Plaintiff’s motion for reconsideration of order denying preliminary injunction - DENIED. Defendant’s motion for...more

1/6/2015 - Design Patent Dismissal With Prejudice Motion for Reconsideration Patent Infringement Patents prejudic Preliminary Injunctions Prevailing Party

USPTO Takes on Deadwood

For several years now, the U.S. Patent and Trademark Office (USPTO) has been concerned about the amount of "deadwood" on the U.S. trademark Register – registrations that remain in force, but cover marks that are not actually...more

12/30/2014 - Trademarks USPTO

USPTO Fees Reduced for 2015

Effective January 17, 2015, the USPTO has announced a number of fee reductions for 2015, including a $50 reduction in the cost to file electronic applications ...more

12/29/2014 - Electronic Filing Filing Fees Trademarks USPTO

Generic Top Level Domains - Current Sunrise Periods Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more

12/24/2014 - Brand Domain Names gTLD ICANN Sunrise Periods Trademarks

Markit to Market - December 2014

The December issue of Sterne Kessler's MarkIt to MarketTM newsletter includes news on how the USPTO is tackling its "deadwood" problem, the reduced USPTO fees for 2015, and an updated list of the Sunrise periods currently...more

12/23/2014 - Advertising Electronic Filing Filing Fees gTLD Sunrise Periods USPTO

Design Patent Case Digest: Young v. Stone

Decision Date: August 28, 2014 - Court: N.D. Illinois - Patent: D442,661 - Holding: Defendant’s motion for judgment on the pleadings of non-infringement - GRANTED Opinion: Plaintiff...more

12/19/2014 - Design Patent Judgment on the Pleadings Patent Infringement Patent Litigation Patents

Design Patent Case Digest: Reddy v. Lowe’s Companies, Inc.

Decision Date: November 18, 2014 - Court: District of Massachusetts - Patent: D677,423 - Holding: Plaintiff’s proposed claim construction ADOPTED - Opinion: Plaintiff Maureen Reddy sued...more

12/16/2014 - Claim Construction Design Patent Intellectual Property Litigation Lowe's Patent Litigation Patents

Good(s) Intentions – What's Enough to Establish Bona Fide Intent to Use?

When used effectively, brand and merchandise licensing can increase the value of a brand by extending it into new, relevant product categories and by further monetizing brand equity. And when seeking to protect a brand in...more

12/3/2014 - Bona Fide Intent Brand Effective Filing Date Intent-to-Use Licenses Merchandising Rights Trademark Trial and Appeal Board Trademarks

Look Beyond the Registration to Determine Likelihood of Confusion

Just in time for the holiday shopping season, the Trademark Trial and Appeal Board's recent decision in Anthropologie, Inc. and Urban Outfitters Wholesale, Inc. v. Happy Green Company LLC is a good reminder of why, when...more

12/2/2014 - Cosmetics Likelihood of Confusion Popular Registration Trademark Searches Trademark Trial and Appeal Board Trademarks

Design Patent Case Digest: High Point Design LLC and Meijer, Inc., Sears Holding Corp. and Wal-Mart Stores, Inc. v. Buyers Direct,...

Decision Dates: September 11, 2013 and March 26, 2014 - Courts: Federal Circuit and the Southern District of New York Patent: D598,183 - Holding: Grant of summary judgment of invalidity REVERSED and REMANDED; on...more

12/1/2014 - Appeals Design Patent Functionality Obviousness Patent Infringement Patents Summary Judgment

Generic Top Level Domains - Current Sunrise Periods Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more

12/1/2014 - Domain Names gTLD ICANN Sunrise Periods Trademarks

MarkIt to Market - November 2014

The November issue of Sterne Kessler's MarkIt to MarketTM newsletter includes a case study on bona fide intent to use, a resolution to Anthropologie's opposition to the mark, and an updated list of the Sunrise periods...more

11/26/2014 - Anthropologie gTLD Intent-to-Use Likelihood of Confusion Sunrise Periods Trademarks

Oktoberfest Special: Störtebeker, What’s in a Beer Name?

We brand geeks at MarkIt to Market occasionally like to explore the history of interesting trademarks. A recent visit to Germany inspired a look into the history of the Störtebeker beer brand, which derives its name from one...more

11/14/2014 - Brand Trademarks Wine & Alcohol

Design Patent Case Digest: Wallace v. Ideavillage Products Corp.

Decision Date: September 15, 2014 - Court: District of New Jersey - Patents: D485,990 - Holding: Defendant’s motion for summary judgment: GRANTED - Opinion: Allyson Wallace, initially acting pro se,...more

11/13/2014 - Design Patent Patent Infringement Patent Litigation Patents Prior Art Summary Judgment

Generic Top Level Domains - Current Sunrise Periods Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more

11/12/2014 - Domain Names gTLD ICANN Sunrise Periods Trademarks

USPTO Posts Service Marks Specimens Examination Guide

Earlier this fall, the U.S. Patent and Trademark Office posted its final version of Examination Guide 3-14 on the topic of Service Mark Specimens. Among other things, this guide reviews the requirements for service mark...more

11/11/2014 - Service Mark Specimens Service Marks USPTO

Markit to Market - October 2014

The October issue of Sterne Kessler's MarkIt to MarketTM newsletter reviews some highlights from the new USPTO Service Mark Specimens Examination Guide, considers the colorful history of the Störtebeker beer brand name, and...more

11/10/2014 - Brand gTLD Internet Patents USPTO

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