On June 30, 2020, the United States Supreme Court decided United States Patent and Trademark Office et al. v. Booking.com B. V., handing down an important decision for those who have invested in a dot-com brand.
The issue...more
7/6/2020
/ Acquired Distinctiveness ,
Appeals ,
Booking.com ,
Domain Name Registration ,
Domain Names ,
Generic Marks ,
Lanham Act ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO
On April 8, 2020, the US Court of Appeals for the Federal Circuit reversed the Trademark Trial and Appeal Board (the Board) and held that multicolor designs can be inherently distinctive – and thus immediately eligible for...more
On December 11, 2019, the US Supreme Court issued a unanimous order in Peter v. NantKwest, holding that a statute allowing the USPTO to recover "expenses" for appeals of patent refusals to a district court does not allow the...more
12/13/2019
/ American Rule ,
Attorney's Fees ,
Civil Claims ,
Corporate Counsel ,
Fee-Shifting ,
Litigation Fees & Costs ,
Patent Act ,
Patent Applicants ,
Peter v NantKwest Inc ,
Prevailing Party ,
Remedies ,
SCOTUS ,
Section 145 ,
Summary Judgment ,
USPTO
On November 8, 2019, the United States Supreme Court agreed to take up a case that could potentially have a significant impact on domain name owners and those who have invested in promoting their dot-com brand. Can combining...more
On January 4, 2019, the Supreme Court of the United States agreed to hear the United States Patent and Trademark Office's ("USPTO") appeal of In re Brunetti, 877 F.3d 1330 (Fed. Cir. 2017). In taking this case, it appears...more
Effective February 17, 2017, the United States Patent and Trademark Office ("USPTO") implemented a revised rule under which USPTO examining attorneys may request additional evidence of use from registrants beyond what was...more