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New Headache for Trademark Litigants? Fourth Circuit’s Bayer Decision Rejects Application of State Statute of Limitations to...

The Fourth Circuit recently held that the U.S. District Court for the Eastern District of Virginia erred in its analysis of a defendant’s laches defense against an unfair competition claim under Section 43(a) of the Lanham...more

Ninth Circuit Says “Eye Dew” to a Likelihood of Confusion Requirement for Counterfeiting Claim

In 2014, Farmacy Beauty, a New Jersey limited liability company, began to develop a line of skin care products. In 2015, Farmacy began selling its EYE DEW eye cream product after being informed by a copywriter that EYE DEW...more

Half-Baked: DC Circuit Rejects &pizza’s Attempt to Extend Territorial Reach of Copyright Act and Lanham Act to UK

The DC Circuit recently affirmed dismissal of IMAPizza’s copyright and trademark infringement lawsuit against At Pizza, Ltd. Background - IMAPizza, LLC is the operator of the US “&pizza” restaurant chain with locations...more

TTAB: Hemp Oil Extracts Marketed as Dietary Supplements Are Ineligible for Trademark Registration

The United States Trademark Trial and Appeal Board (TTAB) recently affirmed a refusal to register a trademark for “hemp oil extracts” when used as an ingredient in dietary supplements, finding that the applicant could not...more

Court Holds that TTAB Appellant Gets Only One Bite at the Apple When Selecting Forum for Appeal

The loser of a trademark opposition or cancellation proceeding at the United States Trademark Trial and Appeal Board (TTAB) has two avenues for appealing the decision: (1) to the United States Court of Appeals for the Federal...more

Hope of Trademark Registration for Cannabis Vaporizer Goes Up in Smoke

The United States Trademark Trial and Appeal Board (TTAB) recently refused registration to two trademark applications for cannabis and marijuana vaporizers, finding no bona fide intent to lawfully use the marks in commerce...more

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