News & Analysis as of

Abandonment

Trademark Genericide: How To Protect Your Brand

by Revision Legal on

Xerox, aspirin, thermos, and hoover were all once trademarks that lost their protected status because their names became generic. Most recently, Google’s trademark status was challenged unsuccessfully....more

U.S. Citizenship and Immigration Services Tightens Requirements on Green Card Applications for Renewing Advance Parole Travel...

by Garvey Schubert Barer on

The United States Citizenship and Immigration Services (USCIS) recently adopted a new policy for travel document applications that should be taken into account by those applying for green cards. Under the new policy, the...more

Use It or Lose It; What Breweries, Wineries and Distilleries Can Do To Protect Their Trademarks from Becoming Abandoned

by Mulcahy LLP on

Trademark abandonment can be an issue for breweries, wineries and distilleries who may offer certain products for limited periods of time or in discrete markets and then attempt to bring them back years later. Abandonment is...more

Second Circuit Affirms Bankruptcy Court’s Nullification of Chapter 15 Debtor’s Sale of Claim Due to Woefully Inadequate Price

by Jones Day on

In the March/April 2013 edition of the Business Restructuring Review, we reported on an opinion by the U.S. Bankruptcy Court for the Southern District of New York concluding that a chapter 15 debtor’s sale of claims against...more

Settling the Hawkwind Trademark Flap

by McDermott Will & Emery on

Addressing an opposition to the trademark registration of a band name, the Trademark Trial and Appeal Board (TTAB) found the opposer—the originator and continuous user of the name—to be the owner and prior user. Dave Brock v....more

Delaware Court Denies Request of Beverly Hills Entities to Require Chapter 11 Debtor to Properly Abandon Wells

by Clark Hill PLC on

In In re Venoco, LLC, 2017 WL 2374683 (May 31, 2017), the Delaware bankruptcy court denied the request of California governmental agencies to require the Debtor to comply with environmental obligations with regard to an oil...more

New Rule on Trademark Revivals, Reinstatements, and Petitions to the Director

by Miles & Stockbridge P.C. on

Effective July 8, 2017, new rules went into effect regarding revival of abandoned applications, reinstatement of abandoned applications and cancelled or expired registrations, and petitions to the director. The rules have...more

“Abandonment Of A Partnership Interest,” Or “When A Taxpayer Rejects Its Tax Return Position”

by Farrell Fritz, P.C. on

“Disposing” of a Partnership Interest- If the amount realized by a taxpayer upon the sale of a partnership interest to a third party is insufficient to restore to the taxpayer his adjusted basis for the interest – i.e.,...more

Give a Man Cupcake Sushi, and He’ll Have Dessert for a Day; Teach a Man to Make Cupcake Sushi, and He’ll Rip You Off

Lori Shubert and her company, Cupcake Sushi, LLC, filed an interesting lawsuit against Santiago and his associates, doing business as Sushi Sweets, for patent infringement, trademark infringement, misappropriation of trade...more

Grounds for Cancelling a Trademark

by Revision Legal on

How does one go about cancelling a trademark? Once a trademark is federally registered, there are two main ways in which it can be “unregistered”: abandonment and cancellation. Cancellation proceedings are similar to...more

Virgin America is Dead, Long Live Virgin America’s Marks

A lot happened in 2016. The first thing that comes to my mind as the unexpected event of 2016 is Alaska Airlines’ acquisition of Virgin America. At first glance, Alaska and Virgin didn’t seem to have that much in common....more

Blog: Utah To Treat Certain Virtual Currency As Abandoned Property

by Cooley LLP on

On March 24, Utah modified its Unclaimed Property Act to include virtual currency in its definitions. The law includes virtual currency in the definition of property subject to abandoned property law, and defines virtual...more

Ohio Supreme Court Narrows Voluntary Abandonment Defense

by Reminger Co., LPA on

Ohio’s workers’ compensation system is a no-fault system arising from a mutual compromise between employers and injured workers. The system protects employers from personal injury lawsuits from injured workers and provides a...more

The Five Year Divide: Limited Recourse to Cancel Registrations, Even Those Void Ab Initio

by Dorsey & Whitney LLP on

The Sixth Circuit recently issued an opinion in NetJets Inc. v. IntelliJet Group, LLC Inc. (unpublished), holding that where a trademark registration is incontestable, it may not be cancelled on the ground that it was void ab...more

Evaluating The USPTO’s Efforts To Clean Up The U.S. Trademark Register

by Ladas & Parry LLP on

An ongoing issue for the United States Patent and Trademark Office (USPTO) has been the number of trademark registrations where registrants do not actually use or intend to use their marks on all of the goods and services...more

Delaware Unclaimed Property Legislation – Lipstick on a Pig?

by McDermott Will & Emery on

The Delaware General Assembly has introduced legislation that would significantly rewrite the Delaware unclaimed property statute by repealing the three current subchapters and replacing them with a single unclaimed property...more

Whistleblower’s Attorney’s Communications with Regulators Found to be Protected by Work Product Doctrine

A California Magistrate Judge in BofI Federal Bank v. Erhart ruled that a whistleblower’s attorney’s communications sent to federal regulators were protected by the attorney work product doctrine. No. 15-cv-2353 (S.D. Cal....more

TTAB Precedential Decision: Time Limit for Adding Claims Is Tolled by Filing of Cancellation Within Registration’s Fifth...

In a precedential decision, the Trademark Trial and Appeal Board (“TTAB”) held that the filing of a cancellation petition before the five-year anniversary mark of a registration tolls Trademark Act Section 14 for purposes of...more

Pitfalls When Refiling a Priority Application under Article 4 of the Paris Convention

Patent applicants who have filed a priority application (such as a U.S. Provisional application) may wish to abandon and then refile that priority application to extend the time available for filing a utility application. ...more

Trademark Review | May 2016

by Knobbe Martens on

Surname Not Registrable Absent Substantially Exclusive Use - As a result of various third-party uses of the surname “Ayoub” for similar services, Applicant’s use of AYOUB did not meet the requirement of Section (f) that...more

Pennsylvania Audits Public Companies for Unclaimed Securities

by Reed Smith on

Holders that use third-party transfer agents, such as Computershare, should check their mailboxes, as they are likely to have a notice from Pennsylvania of an unclaimed property audit. Pennsylvania has engaged...more

Whose Intent Matters in an Abandonment Claim?

The Trademark Trial and Appeal Board (TTAB) granted a Petition to Cancel based on an abandonment claim involving a parent-subsidiary relationship. Floorco Enterprises applied for and received a registration for the mark NOBLE...more

Zombie Trademarks - When is a "Dead" Mark Really Alive, and Able to Bite?

Earlier this month, Macy's won a ruling against a company that revives out-of-use, but well-known brands. Strategic Marks LLC is in the business of reviving abandoned brands, sometimes referred to as "zombie" brands, using...more

CBM Jurisdiction Survives Abandonment of CBM Claims (J.P. Morgan Chase LLC V. Intellectual Ventures II LLC)

by McDermott Will & Emery on

Addressing the issue of whether a patent owner can divest the Patent Trial and Appeal Board (PTAB or Board) of covered business method (CBM) jurisdiction, the Board found that a determination of initial jurisdiction for CBM...more

The Oil Bust…Bankruptcy Boom?

by Baker Donelson on

Although the news is filled with stories of falling oil and gas prices and suggestions that a third of the exploration and production companies may file for bankruptcy, this most recent downturn may not produce the bankruptcy...more

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