News & Analysis as of

Standing Trademarks

The TTAB Issued a TKO to a Licensee’s Claim of Priority

by Dorsey & Whitney LLP on

When two boxing companies sparred before the TTAB, the gloves came off—and that wasn’t only because the dispute concerned a trademark registration for boxing gloves. In Moreno v. Pro Boxing Supplies, Inc., the petitioner,...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

This was a busy week for precedential cases at the Circuit. In AIA v. Avid, the Circuit rules that there is no right to a jury trial as to requests for attorney fees under § 285. In Romag v. Fossil, a majority rules that the...more

Food and Beverage Law Update: August 2017

by Holland & Knight LLP on

Wage and Hour - Tenth Circuit Aligns with Cumbie on Tip Credits - In Marlow v. New Food Guy, Inc., No. 16-1134, 861 F. 3d 1157 (10th Cir. June 30, 2017), the court affirmed the district court's ruling, consistent with...more

AD-ttorneys@law

by BakerHostetler on

Kirsten Kjaer Weis, a respected Danish makeup artist who is well known by her initials “KKW” and for her KW-branded “natural, organic, luxury” cosmetics and skin care line, filed a complaint in late July against the queen of...more

Who Has Standing to Oppose or Cancel My Trademark?

by Revision Legal on

The first question in any trademark opposition or cancellation proceeding is likely a question of whether the opposer (for opposition proceedings) or petitioner (for cancellation proceedings) has standing to pursue the...more

Supreme Court 2016-17 Recap

The politics surrounding the appointment of a new justice to the U.S. Supreme Court dominated the news cycle during the 2016-17 term, but the Court’s decisions themselves have been far from controversial. As the term draws to...more

An Update on the M22 Road Sign Dispute

A brief update on my post last year regarding the “M22” road sign trademark lawsuit, Michigan v. M22 LLC, No. 1:16-cv-01084 (W.D. Mich.)...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

State of Michigan Lacks Standing in M22 Case

by Revision Legal on

On April 21, 2017, Western District of Michigan Judge Gordon J. Quist ruled the State of Michigan lacks standing in a declaratory judgment action to declare the use and registration of federally registered marks are unlawful....more

Standing to Enforce Foreign Trademark Rights After Belmora v. Bayer Certiorari Denial

by Jones Day on

On February 27, 2017, the Supreme Court of the United States denied certiorari in Belmora LLC v. Bayer Consumer Care AG, 819 F.3d 697 (4th Cir. 2016), cert. denied, __ S. Ct. __, 2017 WL 737826 (U.S. Feb. 27, 2017) (No....more

Intellectual Property Bulletin - Winter 2017

by Fenwick & West LLP on

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

2017 Intellectual Property Law Year In Review

by McDermott Will & Emery on

Though politics ruled the headlines in 2016, the year still brought big changes in intellectual property law and its application, most notably in patent subject matter eligibility, inter partes review institution and appeal...more

No Love for ♥ DC

by Knobbe Martens on

In a case before the Trademark Trial and Appeal Board (“Board”), the Board cancelled and abandoned the trademark registration and trademark application for the I "Heart" DC marks owned by an individual, Jonathan A. Chien...more

Advertising Law - August 2016 #3

ANA, 4As Battle Over Transparency Guidance - Two industry groups are engaging in a public battle over transparency. The dispute began when a joint task force was formed between the American Association of...more

Advertising Law - May 2016

Kanye's Promise of Exclusivity a Siren Song, Suit Says - Kanye West's latest drama involves the courtroom—specifically, a putative class action complaint alleging false advertising, unfair competition, and unjust...more

Fourth Circuit Extends Section 43(a) Lanham Act Standing to Companies Not Selling Their Product or Using Their Mark in the U.S.

Last week, an appellate court held that a plaintiff has standing to bring a false association and false advertising claim under Section 43(a) of the Lanham Act, even though it did not use its mark or sell its competing...more

What You Need to Know About U.S. Law: Trademark Opposition and Cancellation Primer

by Pierce Atwood LLP on

Similar to the laws of the EU and its member states, as well as other countries around the world, U.S. trademark law provides a mechanism through which parties with standing can oppose pending third-party applications or seek...more

Glass Half Full for Russian Federation Successor’s Stolichnaya Infringement Saga (Fed. Treasury Enter. Sojuzplodoimport et al. v....

by McDermott Will & Emery on

Addressing issues of international comity, res judicata, and laches, the U.S. Court of Appeals for the Second Circuit affirmed in part and vacated in part the district court’s decision concerning a dispute over rights to the...more

No Lanham Act Standing Without U.S. Trademark Use or Registration - Belmora LLC v. Bayer Consumer Care AG

by McDermott Will & Emery on

Addressing the issue of standing in a cancellation action at the U.S. Patent and Trademark Office’s (USPTO) Trademark Trial and Appeal Board (TTAB), the U.S. District Court for the Eastern District of Virginia reversed a TTAB...more

Intellectual Property 2014 Year in Review

The year 2014 saw some important developments in the area of intellectual property law. A number of intellectual property-related issues even made national headlines. Who can forget the public debate over the rightful...more

Ninth Circuit Allows Delinquent Corporation To Sue And Own Trademarks

In Southern California Darts Association v. Zaffina, the Ninth Circuit held that a corporation, whose charter had been suspended by the state of California in 1977, had standing in 2012 to sue and to own trademarks as an...more

Federal Circuit Smokes Cuban Entity on Standing Issue

by McDermott Will & Emery on

Empresa Cubana Del Tabaco (d/b/a Cubatabaco) v. General Cigar Co., Inc. - The U. S. Court of Appeals for the Federal Circuit reversed the Trademark Trial and Appeal Board’s (the Board) decision, holding that a Cuban...more

MarkIt to Market - April 2014

The April issue of Sterne Kessler's MarkIt to MarketTM newsletter contains a cautionary tale regarding use of social media, a clarified test for false advertising standing, updates to Canada's Trade-marks Act, and an updated...more

Supreme Court Clarifies Standing Requirements in False Advertising Lawsuits

On March 25, the U.S. Supreme Court clarified who has the right to assert a federal claim for false advertising. In a unanimous ruling, the Court established that one company can sue another under the Lanham Act, the federal...more

SPI in high spirits after suit against STOLI marks is dismissed for lack of standing

by Knobbe Martens on

In Federal Treasury Enterprise Sojuzplodoimport v SPI Spirits Ltd, the US Court of Appeals for the Second Circuit has affirmed the dismissal of a lawsuit over certain US registered trademarks related to Stolichnayabrand...more

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