To be eligible for trademark registration, a color must have acquired distinctiveness and must not be functional. Recently, the Federal Circuit discussed the importance that a color mark not be functional. ...more
The United States Patent and Trademark Office ("PTO") has issued its Final Rule adjusting filing fees at all stages of the trademark application and maintenance filing process. The new fees will take effect on January 18,...more
Two of the busiest airports in the United States are battling with their smaller counterparts to retain trademark rights in the name of the major cities the airports serve. While the smaller airports want to capitalize on...more
A recent Supreme Court decision could add a new dimension to the patentability review process before the Patent Trial and Appeal Board.
On June 21, 2021, the U.S. Supreme Court decided United States v. Arthrex, Inc.,...more
7/1/2021
/ Administrative Patent Judges ,
Appointments Clause ,
Arthrex Inc v Smith & Nephew Inc ,
Executive Branch ,
Executive Powers ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
United States v Arthrex Inc ,
USPTO
In the second quarter of 2020, the Supreme Court decided five intellectual property focused cases in which it resolved a longstanding circuit split in Romag Fasteners and opened the door to the trademark registration of...more
7/21/2020
/ Attorney's Fees ,
Lanham Act ,
Lucky Brand Dungarees v Marcel Fashion Group ,
Nike ,
Patent Trial and Appeal Board ,
Patents ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO
The Supreme Court granted certiorari in two trademark cases on June 28, 2019, adding them to its docket for next term.
Romag Fasteners, Inc. v. Fossil, Inc., et al. concerns whether, under Section 35 of the Lanham Act, 15...more
7/3/2019
/ Certiorari ,
Defense Strategies ,
Inter Partes Review (IPR) Proceeding ,
Lanham Act ,
Patent Applications ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Res Judicata ,
SCOTUS ,
Split of Authority ,
Time-Barred Claims ,
Trademark Litigation ,
Trademarks ,
USPTO ,
Willful Infringement