The “soft” IP world is looking forward to rulings in six trademark and copyright cases this term, far more than in recent years, and all of which address points of uncertainty that will impact trademark and copyright...more
2/10/2020
/ Affirmative Defenses ,
Allen v Cooper ,
Annotated Case Law ,
Claim Preclusion ,
Copyright ,
Copyright Infringement ,
Copyright Remedy Clarification Act ,
Copyrightable Subject Matter ,
Fair Use ,
Generic Marks ,
Georgia v. Public.Resource.Org Inc ,
gTLD ,
Lanham Act ,
Lucky Brand Dungarees v Marcel Fashion Group ,
Oracle v Google ,
Profits ,
Remedies ,
Romag Fasteners v Fossil ,
SCOTUS ,
Software ,
Sovereign Immunity ,
Split of Authority ,
Trademark Infringement ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
Willful Infringement
The January 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the following topics:
- The TTAB's affirmation to refuse a mark to distillery Jos. A. Magnus & Co.;
- Six trademark and copyright cases...more
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see...more
The December 2019 issue of Sterne Kessler's MarkIt to Market® newsletter discusses Pantone's color of 2020, a recent precedential decision about descriptive word marks in patent applications, and the new gTLD sunrise period....more
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see...more
The November 2019 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a recent Federal Circuit design patent decision, the USDA's new hemp rules, and Moët Hennessy Louis Vuitton's acquisition of Tiffany & Co. We...more
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please contact us...more
The October 2019 issue of Sterne Kessler's MarkIt to Market® newsletter discusses three "lawful use" cannabis trademark decisions, a recent FTC settlement with a cosmetics company, and the USDA's newly issued interim rules...more
11/1/2019
/ Cannabis-Related Businesses (CRBs) ,
Cosmetics ,
Domain Names ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
gTLD ,
Hemp ,
Interim Rule ,
Online Reviews ,
Settlement Agreements ,
Sunrise Periods ,
Trademarks ,
USDA
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please contact us...more
The September 2019 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a component mark case study, LeBron James' recent trademark application, and the current gTLD sunrise period.
In this issue:
-...more
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see...more
Legal, sport, and popular press let out a collective chortle upon learning that The Ohio State University had filed a federal trademark application for the mark THE. Some debated whether the University would be successful in...more
The August 2019 issue of Sterne Kessler's MarkIt to Market® newsletter discusses The Ohio State University's trademark application for the mark "THE" and the current gTLD sunrise period.
In this issue:
- Well Played -...more
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see...more
July 27, 2019 marked the 30th anniversary of the adoption of the Madrid Protocol – the centralized system for registering and managing trademarks worldwide. The Madrid system is administered by the International Bureau of the...more
The July 2019 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the 30th anniversary of the Madrid Protocol and the opening of a new gTLD Sunrise period. It also features a recent firm alert about the FDA's...more
Blockchain technology has garnered attention from various sectors over the past ten years, much of it due to the rise of Bitcoin and other cryptocurrencies. Cryptocurrencies have gained popularity and notoriety for their...more
6/28/2019
/ Authentication ,
Blockchain ,
Brand ,
Counterfeiting ,
Cryptocurrency ,
Cybersquatting ,
Distributed Ledger Technology (DLT) ,
Domain Names ,
Ethereum Name Service (ENS) ,
Intellectual Property Protection ,
Popular ,
Smart Contracts ,
Trade Names ,
Trademarks
The June 2019 issue of Sterne Kessler's MarkIt to Market® newsletter addresses the implications of blockchain-based names, and discusses negotiation tips for junior users entering into coexistence agreements. It also features...more
Despite marijuana’s illegal status in most countries, the patent arms race for cannabis has already begun. Indeed, analysts have projected that in North America alone the cannabis industry will grow from $9.2 billion in 2017...more
Much has been made of the Supreme Court’s recent decision in Mission Product Holdings Inc. v. Tempnology, LLC, Case No. 17-1657 (May 20, 2019), which resolved a long-standing split in the circuits as to whether a bankrupt...more
6/4/2019
/ Bankruptcy Code ,
Breach of Contract ,
Commercial Bankruptcy ,
Corporate Branding ,
Debtors ,
Executory Contracts ,
IP License ,
Mission Product Holdings Inc v Tempnology LLC ,
Rescission ,
Reversal ,
SCOTUS ,
Split of Authority ,
Trademark Licenses ,
Trademarks
The May 2019 issue of Sterne Kessler's MarkIt to Market® newsletter addresses implications for bankrupt trademark owners following the Supreme Court's decision in Mission Product Holdings Inc. v. Tempnology, LLC....
...more
On April 10, 2019, the United States Court of Appeals for the Federal Circuit redesignated as precedential its January 14, 2019 decision upholding the Trademark Trial and Appeal Board’s (TTAB) decision affirming refusal of...more
5/9/2019
/ Administrative Appeals ,
Displays ,
Point of Sale Terminals ,
Precedential Opinion ,
Trademark Litigation ,
Trademark Manual of Examining Procedure (TMEP) ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
Use in Commerce ,
Websites
Following the enactment of the 2018 Farm Bill [see related article1], the United States Patent and Trademark Office (USPTO) just this morning released a new Trademark Examination Guide for marks covering cannabis and...more
5/3/2019
/ Cannabidiol (CBD) oil ,
Controlled Substances Act ,
Farm Bill ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Goods or Services ,
Hemp ,
Marijuana ,
Marijuana-Infused Edibles ,
New Regulations ,
Trademark Application ,
Trademark Examination ,
Trademark Examination Guide ,
Trademark Registration ,
Trademarks ,
USPTO
The April 2019 issue of Sterne Kessler's MarkIt to Market® newsletter addresses the legal status of cosmetic products containing hemp-derived CBD and guidance on “point of sale” specimens sufficient to support...more
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more