The Supreme Court unanimously sided with Jack Daniel’s in the much-anticipated trademark case pitting trademark protection against parodic products. However, SCOTUS did not reach a final conclusion on whether VIP Products’...more
6/9/2023
/ Cease and Desist ,
Dilution ,
First Amendment ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
Rogers Test ,
SCOTUS ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
As we near the second year of the COVID-19 pandemic, trademark maintenance deadlines in 2021 create new obstacles for registrants.
To maintain a federal trademark registration, registrants must periodically file an...more
2/24/2021
/ Business Interruption ,
Coronavirus/COVID-19 ,
Filing Deadlines ,
Filing Requirements ,
Non-Use of Trademarks ,
Section 8 ,
Trademark Application ,
Trademark Ownership ,
Trademark Registration ,
Trademarks ,
USPTO
Despite the black humor that March 2020 has never actually ended, time does keep marching on and presenting new challenges. As we near the second year of the COVID-19 pandemic, trademark maintenance deadlines in 2021 create...more
2/5/2021
/ Business Interruption ,
Coronavirus/COVID-19 ,
Filing Deadlines ,
Filing Requirements ,
Non-Use of Trademarks ,
Section 8 ,
Trademark Application ,
Trademark Ownership ,
Trademark Registration ,
Trademarks ,
USPTO
The CARES Act enacted last week authorized the United States Patent and Trademark Office (USPTO) and the United States Copyright Office (USCO) to extend deadlines for pending matters for applicant delays due to the effects of...more
Patent and trademark offices around the world have not been insulated from the effects of the global coronavirus pandemic. Many offices have directed their employees to transition to telework, and several have extended...more
3/23/2020
/ Canadian Intellectual Property Office (CIPO) ,
Coronavirus/COVID-19 ,
Filing Deadlines ,
Filing Requirements ,
France ,
Germany ,
India ,
Intellectual Property Protection ,
Office Closures ,
Patent Applications ,
Patents ,
Relief Measures ,
State of Emergency ,
Trademark Application ,
Trademarks ,
UK Intellectual Property Office (UK IPO) ,
USPTO
The Supreme Court reminded bankrupt debtors on Monday that mere rejection of a contract does not turn back the clock to avoid contractual obligations. This was the thrust of its holding in Mission Product Holdings, Inc. v....more
6/7/2019
/ Bankruptcy Appellate Panel (BAP) ,
Bankruptcy Code ,
Breach of Contract ,
Commercial Bankruptcy ,
Debtors ,
Exclusions ,
Executory Contracts ,
IP License ,
Mission Product Holdings Inc v Tempnology LLC ,
Rescission ,
Reversal ,
SCOTUS ,
Section 365 ,
Split of Authority ,
Trademark Licenses ,
Trademarks ,
Trustees
The alcohol industry has seen a veritable explosion in trademark filings from craft and independent brewers, distillers and wineries. This upsurge means trademarks are coming into conflict more and more often in the...more
12/14/2018
/ Appeals ,
Beer ,
Beverage Manufacturers ,
Breweries ,
Bright-Line Rule ,
Distilleries ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Restaurant Industry ,
Retailers ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
Wine & Alcohol ,
Wineries
Adverse findings in trademark registration opposition and cancellation proceedings in the United States Patent and Trademark Office (PTO) may come back to bite the parties to these relatively inexpensive administrative...more
I’m sure Newbridge, Ireland, is a lovely place, but most Americans haven’t heard of it. That was the spirit of the Court of Appeals for the Federal Circuit’s decision in In re Newbridge Cutlery Co., involving the trademark...more