Tracy-Gene G. Durkin

Tracy-Gene G. Durkin

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

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The Design Patent Case of the Century

On October 11, the United States Supreme Court will hear oral arguments in Apple v. Samsung, the first case before the court in more than 125 years involving a claim for design patent infringement...more

8/2/2016 - Apple v Samsung Damages Design Patent Lost Profits Patent Infringement

Mark It to MarketTM - July 2016

The July 2016 issue of Sterne Kessler's Mark It to MarketTM newsletter discusses an upcoming SCOTUS design patent case, In One Nation Enterprises and stylization of a descriptive term, and currently open gTLD Sunrise...more

8/1/2016 - Design Patent Domain Names gTLD ICANN Inherently Distinctive Patents Sunrise Periods Trademarks

MarkIt to MarketTM - June 2016

The June 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses the rise in additional specimen requests from the USPTO, examines the TTAB's decision in In re Florists' Transworld Delivery, Inc., and notes...more

7/1/2016 - Domain Names gTLD Sunrise Periods Trademark Registration Trademark Trial and Appeal Board Trademarks Twitter USPTO

MarkIt to MarketTM -- Special Brexit Edition

Brexit - What You Need to Know Today - 1. No immediate change: The UK's vote last week to leave the EU after 43 years marks the beginning of a legal procedure whereby the UK may start the formal process of withdrawing...more

6/27/2016 - Community Designs EU European Union Intellectual Property Office (EUIPO) Intellectual Property Protection Member State Referendum Votes Referendums Trademark Registration Trademarks UK UK Brexit

MarkIt to MarketTM - May 2016

The May 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses the April 2016 revisions to the USPTO's Trademark Manual of Examining Procedure ("TMEP") and notes currently open gTLD Sunrise...more

6/1/2016 - Domain Names Examination Procedures gTLD Sunrise Periods Trademark Registration Trademarks USPTO

MarkIt to MarketTM - April 2016

The April 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses (1) the evolving nature of the USPTO's U.S. Acceptable Identification of Goods and Services Manual, and how to use this document to craft better...more

5/2/2016 - Goods or Services gTLD ICANN Sunrise Periods Trademarks USPTO

MarkIt to MarketTM - March 2016

The March issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses use requirements of which trademark owners should be aware before undertaking a foreign filing program, and currently open gTLD sunrise...more

4/2/2016 - Domain Names gTLD Indonesia Intellectual Property Protection International Litigation Non-Use of Trademarks Sunrise Periods Trademarks

MarkIt to MarketTM - February 2016

The February issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses the trademark implications of so-called "zombie" brands, examines Reddit reactions to the Fine Brothers' attempts to register and monetize the...more

3/3/2016 - Domain Names gTLD Personal Brands Reddit Sunrise Periods Trademark Registration Trademarks

MarkIt to MarketTM - January 2016

The January issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses best practices for companies seeking to refresh or rebrand in 2016, outlines the top three considerations for companies conducting a...more

2/22/2016 - Corporate Branding Digital Assets Domain Names gTLD Intellectual Property Protection Logos Sunrise Periods Trademarks

Design Patent Case Digest: Ethicon Endo-Surgery, Inc. v. Covidien, Inc.

Decision Date: August 7, 2015 - Court: U.S. Court of Appeals for the Federal Circuit - Patent: D661,801; D661,802; D661,803; D661,804 - Holding: Summary judgment of invalidity REVERSED; claim construction...more

2/19/2016 - Claim Construction Design Patent Medical Devices Patent Infringement Patent Invalidity Patents Reversal Summary Judgment Vacated

MarkIt to MarketTM - December 2015

The December issue of Sterne Kessler's MarkIt to Market TM newsletter discusses key takeaways as a result of a recent TTAB case in which a trademark was found to be laudatory, sends seasons greetings from the firm, and...more

12/31/2015 - Domain Names gTLD Restaurant Industry Services Sunrise Periods Trademark Registration Trademark Trial and Appeal Board Trademarks

MarkIt to MarketTM - November 2015

The November issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses how authors can better protect titles of creative works in the U.S., outlines seven best practices for social media marketers seeking to quickly...more

12/3/2015 - Books gTLD ICANN Intellectual Property Protection Marketing Personal Brands Social Media Sunrise Periods Trademarks

MarkIt to MarketTM - October 2015

The October issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses use in commerce as applied to mobile applications and services, outlines best practices for ensuring your business owns artwork and textual works...more

11/2/2015 - Art gTLD Mobile Apps Service Marks Sunrise Periods Textual Works Trademarks Use in Commerce

MarkIt to MarketTM - September 2015

The September issue of Sterne Kessler's MarkIt to Market™ newsletter discusses considerations when filing a petition under the USPTO pilot program, outlines what you should know when protecting a trademark for wearable...more

10/7/2015 - Domain Names gTLD Intellectual Property Protection Patents Sunrise Periods Technology Trademarks USPTO USPTO Pilot Program Wearable Technology

MarkIt to Market - August 2015

The August issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses consent agreements and how to avoid naked consent, suggests 5 steps for protecting shrinking trademarks, and provides an updated list of the Sunrise...more

9/8/2015 - Consent Agreements Domain Names gTLD Sunrise Periods Trademark Trial and Appeal Board Trademarks USPTO

gTLD Sunrise Periods Now 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 contact us...more

8/6/2015 - gTLD ICANN Personal Brands Sunrise Periods Trademarks

Why it Pays to Make Nice with Marketing

You may have read here before about the U.S. Patent and Trademark Office's (USPTO) increased focus on removing "deadwood" – registrations that remain in force, but cover marks that are not actually in use for all of the...more

8/5/2015 - Intellectual Property Protection Marketing Personal Brands Services Trademark Registration Trademarks USPTO

Two Prong Protection is the Best Approach for Product Configuration

It has long been possible to use both trade dress and design patent rights to protect three-dimensional designs that function as trademarks. One strategy has been to rely on design patent protection while a three-dimensional...more

8/4/2015 - Apple Apple v Samsung Design Patent Functionality Intellectual Property Protection iPhone Patents Trade Dress

MarkIt to MarketTM - July 2015

The July issue of Sterne Kessler's MarkIt to MarketTM newsletter explains why two pronged protection is the best approach for product configuration, discusses the importance of coordination between legal and marketing...more

8/3/2015 - Design Patent gTLD ICANN Marketing Patents Sunrise Periods Trade Dress Trademark Registration Trademarks Use in Commerce

Design Patent Case Digest: Simmons Bedding Company v. Sealy Technology LLC

Decision Date: March 31, 2015 - Court: U.S. Patent Trial and Appeal Board - Patents: D622,531 - Holding: Examiner’s decision in reexamination proceeding not to adopt Requester’s obviousness rejections REVERSED...more

7/22/2015 - Appeals Design Patent Inter Partes Review Proceedings Obviousness Patent Prosecution Patent Trial and Appeal Board Patents Prior Art Reversal Standard of Review

gTLD Sunrise Periods Now 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 contact us...more

7/14/2015 - Brand Domain Names gTLD ICANN Registration Sunrise Periods Trademarks

MarkIt to MarketTM | June 2015

In This Issue: - Hashtag Trademarks: #ItsAllAboutTheUse - Upcoming Changes in Canadian Trade Mark Trademark Law - Changes in U.S Certification Mark Requirements - gTLD Sunrise Periods Now Open - The...more

7/1/2015 - Brand Canada Domain Names gTLD Hashtags Sunrise Periods Trademarks

Design Patent Case Digest: Apple Inc. v. Samsung Electronics Co., Ltd.

Decision Date: May 18, 2015 - Court: U.S. Court of Appeals for the Federal Circuit - Patents: D593,087; D604,305; D618,677 - Holding: Judgment of trade dress dilution REVERSED; judgment of patent validity and...more

6/9/2015 - Appeals Apple Apple v Samsung Damages Design Patent Dilution iPhone Patent Infringement Patent Litigation Patents Samsung Trade Dress Utility Patents

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

6/4/2015 - Domain Names gTLD ICANN Sunrise Periods

MarkIt to Market - May 2015

The May issue of Sterne Kessler's MarkIt to MarketTM newsletter covers the negative impact of counterfeiting on e-commerce websites, recent changes in Russian trademark law, and an updated list of the Sunrise periods...more

6/1/2015 - Counterfeiting E-Commerce gTLD Russia Sunrise Periods Trademarks

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