A party appealing a PTO decision must pay the PT0's expenses regardless of the applicant's success.
Booking.com successfully challenged the United States Patent and Trademark Office's ("PTO") refusal to register its mark...more
The Situation: In 2014, Converse filed a complaint with the International Trade Commission ("ITC"), alleging that numerous shoe manufacturers and retailers infringed the trade dress of its signature Chuck Taylor® All Star®...more
The Decision: The Federal Circuit vacated the Trademark Trial and Appeal Board's determination that "ZERO" is not generic and has acquired distinctiveness, and remanded.
The Reasoning: The Board erroneously framed the...more
In a much-anticipated ruling, the United States Court of Appeals for the Ninth Circuit modified a preliminary injunction entered against Skechers on May 10, 2018, in adidas America, Inc. v. Skechers USA, Inc.
The ruling...more
Trademarks will no longer be refused registration on the basis that they constitute immoral or scandalous matter. On December 15, 2017, the U.S. Court of Appeals for the Federal Circuit unanimously ruled in In re Brunetti...more
On June 23, 2017, the Federal Circuit held in NantKwest v. Matal that patent applicants seeking review of a decision from the United States Patent and Trademark Office ("PTO") to the district court must pay the PTO's legal...more
Asian rock band The Slants is no longer "The Band Who Must Not Be Named," as they titled their most recent album. On June 19, 2017, the United States Supreme Court decided Matal v. Tam, striking a provision of the Lanham Act,...more
6/24/2017
/ Constitutional Challenges ,
Disparagement ,
First Amendment ,
Football ,
Free Speech ,
Government Speech Doctrine ,
Lanham Act ,
Matal v Tam ,
Music Industry ,
NFL ,
Popular ,
Redskins ,
SCOTUS ,
The Slants ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO ,
Viewpoint Discrimination
Trademark owners take note: Affidavits to renew your U.S. trademark registrations may be getting a closer look. On March 21, 2017, the United States Patent and Trademark Office ("USPTO") implemented a new rule aimed at...more
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
3/7/2017
/ Appeals ,
Corporate Counsel ,
Denial of Certiorari ,
Foreign Persons ,
International Litigation ,
Lanham Act ,
Lexmark v Static Control Components ,
Mexico ,
Proximate Cause ,
Standing ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
Unfair Competition ,
Unfair or Deceptive Trade Practices