Ladas & Parry LLP

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

Significance of Disclaimers in U.S. Trademark Law

In United States trademark applications, it is not uncommon for an Examining Attorney to issue a disclaimer requirement for descriptive portions of a mark. Disclaimers have particular significance in three steps of the trademark…more
| Civil Procedure, Communications & Media Law, Intellectual Property

Ten Key Considerations on Chinese New Trademark Law

The Trademark Law of the People’s Republic of China was recently amended and went into effect on May 1, 2014, though in some cases it applies to violations that occurred prior to the effective date and continue after that time…more
| Intellectual Property, International Law & Trade

European Union – New Practice on black and white and colour trade marks

The protection and enforceability of black and white trademarks in the European Union has been called into question. Trademark owners should review their portfolios to determine whether this change will affect their European…more
| Civil Procedure, Communications & Media Law, Intellectual Property, International Law & Trade

10 Important Points to Note When Filing a Utility Patent Application in the United States

The inventor(s), the applicant (if not an inventor) and his or her attorney and others involved in preparation or prosecution of the application have a duty of candor in dealing with the United States Patent and Trademark Office…more
| Civil Procedure, Intellectual Property

TTAB’s Washington Redskins Decision: the Enforceability and Commercial Impact of Cancelled Trademarks

The cancellation of a U.S. trademark registration on any grounds, including disparagement, does not always mean the end of enforceable rights in the mark. However, cancellation may create both legal and financial repercussions…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property, International Law & Trade

Summary Of The U.S. Trademark Application Process

Obtaining a trademark registration in the United States is a process consisting of several phases and takes several months to several years, depending on various factors and issues raised. We highlight below the various stages…more
| Civil Procedure, Intellectual Property

The Court of Justice of the European Union Strengthens Unregistered Community Design Rights

The Court of Justice of the European Union (“CJEU”) issued its decision in Karen Millen Fashions Ltd v Dunnes Stores (C-345/13) on June 19, 2014, providing guidance on litigating unregistered Community designs and strengthening…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Intellectual Property, International Law & Trade

Patent-Eligible Subject Matter in the United States

The United States Patent statute provides that utility patents may be granted for the invention of any new and useful process, machine, manufacture or composition of matter or any new useful improvement thereof…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology
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Contact

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
Locations
Other U.S. Locations
  • California
  • Illinois
  • New York
Other Countries
  • Germany
  • United Kingdom
Number of Attorneys

25-50 Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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