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Subject Matter Jurisdiction › Trademark Trial and Appeal Board

Saiber LLC

Defendant Sings the Blues as Third Circuit Decides Claim Preclusion Based on Prior TTAB Decision Does Not Apply in Matter of First...

Saiber LLC on

In a recent precedential opinion, Beasley v. Howard, ___ F.4th ___ (3d Cir. 2021) (publication pending), the United States Court of Appeals for the Third Circuit determined, in an issue of first impression, that trademark...more

McDermott Will & Emery

Waiver in PTO Trademark Appeals Applies “Per Decision, Not Per Case”

McDermott Will & Emery on

Addressing a “narrow question of statutory interpretation,” the US Court of Appeals for the Fourth Circuit reversed the district court’s dismissal of a trademark case for lack of subject matter jurisdiction, holding that a...more

ArentFox Schiff

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

ArentFox Schiff on

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

Sheppard Mullin Richter & Hampton LLP

Warren Distribution, Inc. v. Royal Purple, LLC – What’s in a Name?

Sheppard Mullin Richter & Hampton LLP on

In this matter, the Trademark Trial and Appeal Board dismissed an opposition without prejudice in this precedential opinion because the party that filed the opposition was different from the party that sought and obtained an...more

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