The Federal Circuit’s recent decision in Apex Bank v. CC Serve Corp. serves as a pointed reminder to the Trademark Trial and Appeal Board (TTAB) that it must maintain consistency across its DuPont factor analysis. While the...more
9/29/2025
/ Appeals ,
CAFC ,
Intellectual Property Litigation ,
Lanham Act ,
Likelihood of Confusion ,
Trademark Application ,
Trademark Litigation ,
Trademark Opposition Proceedings ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO ,
Vacated
The Federal Circuit’s recent precedential decision in In re Erik Brunetti has surely raised some eyebrows in the trademark community (and beyond), not just for its subject matter (the attempted registration of a certain...more
9/4/2025
/ Administrative Procedure Act ,
Appeals ,
Appellate Courts ,
Arbitrary and Capricious ,
CAFC ,
Corporate Counsel ,
First Amendment ,
Intellectual Property Protection ,
Lanham Act ,
Scandalous/Immoral Marks ,
SCOTUS ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
The Federal Circuit just “re-issued” its precedential decision in Great Concepts, LLC v. Chutter, Inc. (No. 2022-1212), where it had previously reversed the USPTO’s cancellation of a registered trademark. There was no...more
On Wednesday, a divided panel of the Federal Circuit issued a precedential decision reversing the USPTO’s cancellation of a registered trademark (Great Concepts, LLC v. Chutter, Inc., No. 2022-1212). As detailed in the...more
10/23/2023
/ Appeals ,
Fraud ,
Incontestability Clauses ,
Intellectual Property Protection ,
Sanctions ,
Trademark Cancellation ,
Trademark Litigation ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO