On September 15, 2021, the United States District Court for the District of South Carolina imposed significant penalties on a defendant who defrauded thousands of trademark registration holders. The imposition of such...more
On April 23, 2020, the U.S. Supreme Court unanimously clarified that the Lanham Act does not require a showing of willful trademark infringement as a statutory prerequisite for a plaintiff to recover a defendant’s profits...more
4/29/2020
/ § 1125(a) ,
§ 1125(c) ,
Appeals ,
Burden of Proof ,
Charge-Filing Preconditions ,
Compensatory Awards ,
Dilution ,
Lanham Act ,
Lost Profits ,
Remand ,
Remedies ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated ,
Willful Infringement
On February 14, 2020, the United States Patent and Trademark Office issued Revised Examination Guide 1-20, which addressed new mandatory electronic filing and specimen requirements and became effective on February 15, 2020....more
On June 24, 2019, the US Supreme Court clarified that the Lanham Act’s bar on “immoral” or “scandalous” trademarks violates the First Amendment because it discriminates based on viewpoint. The decision followed the Supreme...more
6/26/2019
/ Appeals ,
Constitutional Challenges ,
First Amendment ,
Free Speech ,
Iancu v. Brunetti ,
Lanham Act ,
Reaffirmation ,
Reversal ,
Scandalous/Immoral Marks ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
USPTO ,
Viewpoint Discrimination
On May 20, 2019, the US Supreme Court clarified that when a trademark licensor rejects a trademark license agreement in a Chapter 11 bankruptcy proceeding, the rejection does not rescind the use rights of the licensee under...more
6/24/2019
/ Bankruptcy Appellate Panel (BAP) ,
Bankruptcy Code ,
Breach of Contract ,
Chapter 11 ,
Commercial Bankruptcy ,
Debtors ,
Exclusions ,
Executory Contracts ,
IP License ,
Mission Product Holdings Inc v Tempnology LLC ,
Rescission ,
Reversal ,
SCOTUS ,
Section 365 ,
Split of Authority ,
Trademark Licenses ,
Trademarks ,
Trustees
In its first substantive trademark ruling in more than a decade, the U.S. Supreme Court unanimously held on January 21, in Hana Financial, Inc. v. Hana Bank et al., No. 13-1211, that tacking – which is whether two trademarks...more
The new Generic Top - Level Domain (gTLD) expansion program developed by the Internet Corporation for Assigned Names and Numbers (ICANN) includes a Trademark Clearinghouse (TMCH), which was set to go into effect beginning...more