The US Supreme Court unanimously overturned a $90 million verdict for trademark infringement under the Lanham Act, 97% of which was attributed to purely extraterritorial conduct. While the holding attempts to draw a...more
7/5/2023
/ Abitron Austria GmbH v Hetronic International Inc ,
Extraterritoriality Rules ,
Foreign Sales ,
Intellectual Property Protection ,
Lanham Act ,
Likelihood of Confusion ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Use in Commerce
The US Supreme Court has rejected a bright-line rule denying applications to register trademarks comprising a generic term and “.com.” In an 8–1 decision by Justice Ruth Bader Ginsberg in United States Patent and Trademark...more
7/7/2020
/ Acquired Distinctiveness ,
Appeals ,
Booking.com ,
Domain Name Registration ,
Domain Names ,
Generic Marks ,
gTLD ,
Lanham Act ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO
While artificial intelligence promises to be useful in responding to the coronavirus (COVID-19) pandemic, companies should be aware of potential copyright considerations. The sudden and severe impact of COVID-19 has created...more
The Director of the US Patent and Trademark Office and the Acting Register of the US Copyright Office have now taken action pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) to provide relief from...more
The Coronavirus Aid, Relief, and Economic Security (CARES) Act, the historic $2.2 trillion fiscal stimulus bill signed into law on March 27, authorizes the US Patent and Trademark Office and US Copyright Office to extend...more
The US Patent and Trademark Office (USPTO) confirmed that new rules relating to email addresses required for trademark applicants and registrants and new specimens requirements will go into effect this week. A new examination...more
2/14/2020
/ Corporate Counsel ,
Disclosure Requirements ,
Electronic Communications ,
Email ,
Email Policies ,
Intellectual Property Protection ,
New Guidance ,
Regulatory Requirements ,
Trademark Application ,
Trademark Registration ,
Trademarks ,
USPTO
UK authorities have recently released statements on how patents, trade marks, Community designs, and copyright will be handled if the United Kingdom and the European Union fail to reach a deal before Brexit....more
The US Court of Appeals for the Federal Circuit underscored the importance of being mindful of the prohibition against assigning intent-to-use applications and of carefully constructing agreements for future assignment of...more
The rule changes are aimed at streamlining proceedings before the TTAB.
The Trademark Trial and Appeal Board (TTAB or the Board) will implement several important rule changes as of January 14, 2017. The changes will...more
11/7/2016
/ Corporate Counsel ,
Discovery ,
Ex Parte ,
Inter Partes Review (IPR) Proceeding ,
Paid Time Off (PTO) ,
Popular ,
Summary Judgment ,
Testimony ,
Trademark Litigation ,
Trademark Trial and Appeal Board ,
Trademarks ,
Young Lawyers
While the “Leave” result of the June 23 referendum will not have an immediate impact on intellectual property, the eventual British exit (“Brexit”) from the European Union could have long-term implications for IP protection...more
6/27/2016
/ Community Designs ,
EU ,
European Economic Area (EEA) ,
European Patent Office ,
European Union Trade Mark (EUTM) ,
Intellectual Property Protection ,
Member State ,
Patent Cooperation Treaty ,
Patent Filings ,
Patents ,
Referendum Votes ,
Trademarks ,
UK ,
UK Brexit ,
Unified Patent Court ,
Unified Patent System ,
Unitary Patent ,
Utility Patents ,
WTO
The USPTO’s Welcome Initiative for Technology-Driven Changes in Registered Trademark Use.
Under a pilot program announced by the United States Patent and Trademark Office (USPTO) on September 1, 2015, trademark owners...more
Applicants who challenge a Trademark Trial and Appeal Board refusal to register a trademark must reimburse the government for PTO attorney fees even if they win....more