In 2023, BakerHostetler saw cutting-edge legal issues and also the continuing evolution of fraudulent schemes targeting brand owners. Our attorneys have also dealt with increasingly sophisticated scams involving the misuse of...more
It has been a busy year for domain scammers – and the brand owners fighting back against them. According to numbers published by the World Intellectual Property Organization (WIPO) and the Forum, the number of complaints...more
In a recent decision, Corcamore, LLC v. SFM, LLC, 978 F.3d 1298 (Fed. Cir. 2020), the Court of Appeals for the Federal Circuit clarified the standard for maintaining a petition to cancel a trademark registration under §1064...more
The Supreme Court yesterday issued its second trademark decision of this term. In Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., Case No. 18-1086 (S. Ct. May 14, 2020), the ultimate question before the Court was...more
5/18/2020
/ Claim Preclusion ,
Collateral Estoppel ,
Counterclaims ,
Defense Preclusion ,
Fashion Branding ,
Issue Preclusion ,
Lucky Brand Dungarees v Marcel Fashion Group ,
Motion to Dismiss ,
Release Agreements ,
Res Judicata ,
SCOTUS ,
Split of Authority ,
Subsequent Litigation ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
On June 17, Canada implemented long-awaited changes to its trademark laws. These updates are designed to modernize Canadian trademark practice and bring Canada more in line with international practice. ...more
The Trademark Trial & Appeal Board recently issued a nonprecedential decision that serves as a good reminder that distinctiveness is not automatically acquired simply by long-standing use. Klickitat Valley Chianina, LLC,...more
The Supreme Court on June 16 issued a unanimous ruling clarifying the test for awarding attorneys’ fees to successful copyright litigants. The decision, in Kirtsaeng v. John Wiley & Sons, Inc., is sure to have lasting impact...more
6/21/2016
/ Attorney's Fees ,
Copyright Infringement ,
Copyright Litigation ,
Fee Awards ,
Fee-Shifting ,
First Sale Doctrine ,
Kirtsaeng v. John Wiley & Sons ,
Popular ,
Prevailing Party ,
SCOTUS ,
The Copyright Act
Trademark Office rules generally prohibit the broadening of goods and services identified in existing trademark registrations. But on September 1, the USPTO announced a new pilot program that will create a limited exception...more
9/10/2015
/ Corporate Counsel ,
e-Books ,
Online Banking ,
Online Education ,
Popular ,
Software ,
Trademark Registration ,
Trademarks ,
USPTO ,
Video Recordings ,
Young Lawyers
The Federal Circuit recently issued its first ruling on an appeal from an inter partes review (IPR) final written decision, In re Cuozzo Speed Technologies. In doing so, the court affirmed the USPTO’s Patent Trial and Appeal...more