News & Analysis as of

Burden of Proof Trademark Registration

Dunlap Bennett & Ludwig PLLC

Hitched On Technical Grounds: TTAB Litigation Insights From Universal Life Church Monastery Storehouse V. American Marriage...

Trademark litigants should heed the cautionary tale in this case – develop your arguments or risk waiving them. The United States Court of Appeals for the Federal Circuit continued its recent scrutiny of the practices of the...more

Dunlap Bennett & Ludwig PLLC

The Effect Of Spireon In The Trademark Trial And Appeal Board

The legal landscape for trademark owners changed significantly in 2023 because in Spireon v. Flex Ltd, 2023 USPQ2d 737, the Court of Appeals for the Federal Circuit flipped the burden of proof for third-party registration...more

McDermott Will & Emery

The Saddest Hour? Closing Time for Trademark Cancellation Petition

McDermott Will & Emery on

In a precedential decision, the Trademark Trial & Appeal Board (Board) denied a petition to cancel a trademark registration based on priority. The Board explained that the petitioner bears a higher burden of proof to show...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market - February 2019: Trademark Practice Update: Outrageous! Disgraceful! Appalling!...or is it? SCOTUS to Decide the...

U.S. trademark attorneys received a New Year’s surprise last month when the Supreme Court of the United States agreed to hear Iancu v. Brunetti, the case that should determine the availability of federal trademark...more

Harris Beach PLLC

Significant Intellectual Property Trademark Decisions

Harris Beach PLLC on

2017 was a year filled with significant developments in case law for trademarks. The below rulings highlight some successes and obstacles faced by companies in the protection of their trademarks and their brand as a whole. ...more

Spilman Thomas & Battle, PLLC

New Trademark Office Audit May Result in Cancellation of Registrations

The United States Patent and Trademark Office (“USPTO”) announced a final rule that took effect on February 17, 2017. To assess and promote the accuracy and integrity of the trademark register, the USPTO amended rules...more

Proskauer Rose LLP

Three Point Shot - December 2016

Proskauer Rose LLP on

In Partial Trademark Victory over Chinese Sportswear Company, MJ Posterizes Unauthorized User of Chinese Version of His Name - In Game 3 of the first round of the 1991 NBA Eastern Conference playoffs between the New York...more

Knobbe Martens

Trademark Review | September 2016

Knobbe Martens on

BLACK GIRLS ROCK! and BLACK MEN ROCK Deemed Confusingly Similar - This opposition involved a straight-forward likelihood of confusion analysis. Opposer owned a registration for the mark BLACK GIRLS ROCK! for clothing and...more

Morrison & Foerster LLP

MoFo IP Newsletter - August 2016

Supreme Court Abolished Federal Circuit's Test for Willfulness - On June 13, 2016, in Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (2016), the Supreme Court unanimously abrogated the Federal Circuit’s...more

Foley & Lardner LLP

Can You Identify Your Trade Dress?

Foley & Lardner LLP on

Trade dress is a type of trademark intellectual property right that can protect almost any unique identifying aesthetic design used by a company, from the shape of a product, to the appearance of a website, to the decor of a...more

Fish & Richardson

Rare TTAB §2(d) Reversal Where Examiner Failed to Heed Rules of Evidence

Fish & Richardson on

While browsing back issues of the indispensable Allen’s Trademark Digest, the blurb for the Trademark Trial & Appeal Board’s decision in the appeal In re Micros Systems, Inc. caught my eye. It was a rarely-seen reversal of an...more

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