Ladas & Parry LLP

European Community Trademark registration for patterns and three-dimensional marks requires Acquired Distinctiveness in Each Member State

Owners of pattern and three-dimensional marks should take note of the substantial burden of proving acquired distinctiveness of their marks through use throughout the European Union. On April 21, 2015, Louis Vuitton’s…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property

UK Trademarks will no longer be able to be extended to the BVI beginning September 1, 2015

As part of some major reforms to The Trademark Law of The British Virgin Islands (BVI) that will come into force on September 1, 2015, owners of trademark applications and registrations in the United Kingdom (UK) will no longer…more
| Civil Procedure, Intellectual Property, International Law & Trade

B&B Hardware v. Hargis – What it Means and How it will Affect TTAB Litigation

The U.S. Supreme Court recently issued a decision that may significantly impact how Trademark Trial and Appeal Board (“TTAB”) cases are litigated and whether potential litigants elect to forego TTAB litigation in certain…more
| Administrative Law, Civil Procedure, Commercial Law & Contracts, Intellectual Property

Approximately 7% of alleged trademark policy violations on Twitter were deemed valid and sufficient to suspend the responsible accounts

A report by Twitter revealed that about 7% of claims (less than 1,000 out of almost 13,000 claims) made during the first half of 2015 that other accounts have violated its trademark policy have resulted in suspension of the…more
| Communications & Media Law, Intellectual Property

Federal Circuit Court of Appeals ruled en banc that a method claim in a patent may be infringed by multiple actors

Today, the Federal Circuit in an en banc decision in Akamai v. Limelight has taken a step to restore sanity to the law relating to patent infringement where multiple actors perform different steps in a method claim by restoring…more
| Civil Procedure, Intellectual Property

REDSKINS affirmed as disparaging. Appealed to 4th Circuit.

In its June 18, 2014 Blackhorse decision, the TTAB ordered six Redskins trademarks to be cancelled as disparaging to Native Americans at the time they were registered…more
| Art, Entertainment, & Sports Law, Civil Procedure, Indigenous Peoples, Intellectual Property

The Federal Circuit Reviews Patent Trial and Appeal Board Decisions on Inter Partes Review

There are now three decisions of the Federal Circuit on appeals from the Patent Trial and Appeal Board (PTAB) on inter partes reviews: - In re Cuozzo Speed Technologies LLC - Belden Inc. v. Berk-Tek LLC and -…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Chipping Away at the Dead Wood and Other Registered-But-Unused Marks

An ongoing issue faced by the United States Patent and Trademark Office (USPTO) has been the number of trademark registrations granted or retained for over-inclusive identifications of goods and/or services where the registrants…more
| Intellectual Property

The U.S. Trademark Use Requirement and Associated Risks and Strategies for Chinese Applicants [Video]

I believe there is a misunderstanding as to what we mean when we say "use requirement" or what the trademark office means when they say "use requirement". The trademark use requirement in the United States is not evidence that…more
| Intellectual Property

U.S. Supreme Court: Trademark Tacking Should Be Determined By the Jury

On January 20, 2015, the U.S. Supreme Court, in a unanimous decision written by Justice Sonya Sotomayor, issued its first trademark ruling in more than a decade. The Court held that “trademark tacking” is a factual issue…more
| Civil Procedure, Finance & Banking, Intellectual Property

Obviousness Post KSR

On April 30, 2007 in KSR v Teleflex, the Supreme Court reaffirmed its view expressed many years ago that patents should not be granted for inventions that had too low a level of inventivity. As Justice Kennedy in a unanimous…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Challenge to Patent Validity by a Licensee

The United States Supreme Court has issued a decision which some commentators believe may increase the risk that patent licensees will challenge the validity of patents under which they are licensed…more
| Civil Procedure, Constitutional Law, Intellectual Property, Science, Computers, & Technology

American Broadcasting Co. v. Aereo and its Aftermath

The U.S. Copyright Act in 17 USC 106 specifically gives copyright owners the exclusive right to control “performances” of their works. 17 USC 101 defines public performance as including “transmission” of the work. In 17 USC 111,…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Intellectual Property

Rights of Co-Owners to License Patent Rights

It is sometimes tempting when entering into a joint research agreement to agree that both parties will jointly own any patent rights arising from the collaboration. However, unless the rights of each party are clearly set out in…more
| Commercial Law & Contracts, Intellectual Property, International Law & Trade

A Black Hole in the Distinctiveness Continuum for U.S. Trademark Applications

Marks that border the line that divides descriptive from generic often topple into a virtual “black hole” on the distinctiveness continuum. The owner of such a mark may be required to meet an indefinite threshold of proof to…more
| Civil Procedure, Communications & Media Law, Intellectual Property
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United States

Contact: Matthew Asbell

  • 212.708.1800
  • 212.246.8959

Areas of Practice
  • Art, Entertainment, & Sports Law
  • Intellectual Property
  • International Law & Trade
  • Litigation
  • Mergers & Acquisitions
  • Science, Computers, & Tech
Other U.S. Locations
  • California
  • Illinois
  • New York
Other Countries
  • Germany
  • United Kingdom
Number of Attorneys

25-50 Attorneys

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