The US Patent & Trademark Office Trademark Trial & Appeal Board found that a consumer did not have standing to oppose an application for registration because the consumer failed to establish a commercial interest and injury...more
Three interesting intellectual property cases are on the Supreme Court of the United States’ docket in 2023. The Supreme Court’s opinions in these cases could have significant implications for trademark and copyright disputes...more
2/17/2023
/ Copyright ,
Corporate Counsel ,
First Amendment ,
Intellectual Property Protection ,
Lanham Act ,
Parody ,
Petition for Writ of Certiorari ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
Addressing for the first time whether the Supreme Court of the United States’ recent decision in United States v. Arthrex, Inc. also applied to the Trademark Trial and Appeal Board (TTAB), the US Court of Appeals for the...more
9/16/2021
/ Appeals ,
Appointments Clause ,
Corporate Counsel ,
False Association ,
Lanham Act ,
SCOTUS ,
Trademark Cancellation ,
Trademark Litigation ,
Trademark Modernization Act (TMA) ,
Trademark Trial and Appeal Board ,
Trademarks ,
United States v Arthrex Inc
2020 was a year like no other, so you’d be forgiven if the year’s biggest headlines in trademark law didn’t quite catch your attention. In 2020, the US Supreme Court shaped trademark jurisprudence through a trio of notable...more
1/22/2021
/ Coronavirus/COVID-19 ,
Counterfeiting ,
Economic Stimulus ,
Electronic Filing ,
Enforcement ,
Fraud ,
Injunctive Relief ,
Lanham Act ,
New Legislation ,
Online Marketplace ,
SCOTUS ,
Trademark Ownership ,
Trademark Registration ,
Trademarks ,
USPTO
Addressing the Supreme Court of the United States’ ruling in USPTO v. Booking.com B.V., the US Patent and Trademark Office (PTO) recently issued guidance on the examining procedures for “generic.com terms.” (Examination Guide...more
11/12/2020
/ Acquired Distinctiveness ,
Appeals ,
Booking.com ,
Domain Name Registration ,
Domain Names ,
Generic Marks ,
Lanham Act ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV
Addressing the evidentiary standard for irreparable harm in a Lanham Act case, the US Court of Appeals for the Ninth Circuit affirmed the district court’s grant of a preliminary injunction preventing a sneaker company from...more
Addressing the Trademark Trial and Appeal Board (TTAB) finding that EARNHARDT was not primarily merely a surname, the US Court of Appeals for the Federal Circuit remanded the case to the TTAB to clarify its surname analysis....more
Addressing the standard for violating the Lanham Act’s false advertising provisions, the US Court of Appeals for the Fourth Circuit affirmed a district court’s grant of summary judgment for the defendant, finding that the...more