In a case stemming from a trademark dispute involving a beauty line owned by the Kardashian sisters, the US Court of Appeals for the 11th Circuit affirmed the district court’s denial of a motion to compel arbitration filed by...more
Addressing whether the word “tequila” can be registered in the United States as a certification mark, the Trademark Trial and Appeal Board (TTAB) answered in the affirmative, dismissing an opposition alleging that “tequila”...more
In Depth -
In efforts to enhance the US Patent and Trademark Office (USPTO) electronic filing system and to “assess and promote the accuracy and integrity of the trademark register,” the USPTO has ushered in changes that...more
On appeal from the Trademark Trial and Appeal Board (TTAB), the US Court of Appeals for the Federal Circuit reviewed the issue of trademark use in commerce and, more specifically, the extent to which certain services can be...more
In 2014, the Supreme Court of the United States issued its ruling in Octane Fitness (IP Update, Vol. 17, No. 5), in which it examined the fee-shifting provision of the Patent Act and clarified the types of “exceptional” cases...more
In a trademark infringement dispute, the US Court of Appeals for the Seventh Circuit found that a district court abused its discretion in allowing the plaintiff to argue that the defendant failed to prove continuous of use of...more
The US Court of Appeals for the 10th Circuit clarified the proper discovery procedures for a Rule 45 subpoena to compel a nonparty to produce documents in a trademark dispute before the US Patent and Trademark Office (PTO)...more
On appeal from the Trademark Trial and Appeal Board (TTAB), the US Court of Appeals for the Federal Circuit affirmed the TTAB’s refusal to register a stylized form of the mark CHURRASCOS for restaurant services, finding that...more
New UK Requirement to Publish Annual Slavery and Human Trafficking Statement -
The United Kingdom’s Modern Slavery Act 2015 requires large commercial organisations operating in the United Kingdom to publish a “slavery...more
4/6/2016
/ Annulment ,
Antitrust Litigation ,
Business Interruption ,
EU ,
European Commission ,
FinCEN ,
Germany ,
Human Trafficking ,
International Trademark Protection ,
Modern Slavery Act ,
Real Estate Market ,
Trademarks ,
UK
The U.S. Court of Appeals for the Eleventh Circuit affirmed a district court ruling imposing a mandatory injunction requiring transfer of certain domain names to the trademark rights holder. Jysk Bed’N Linen, Inc. v. Monosij...more
The U.S. Court of Appeals for the Ninth Circuit previously found that a jury could potentially find that online retailer Amazon.com created a likelihood of consumer confusion with the format of its product search returns when...more
On appeal from the Trademark Trial and Appeal Board (TTAB or Board), the U.S. Court of Appeals for the Federal Circuit reversed the Board’s decision on the issue of likelihood of confusion with regard to two parties’ paw...more
Holding that a reasonable jury could find that online retailer created a likelihood of consumer confusion through the format of its product search returns, the U.S. Court of Appeals for the Ninth Circuit reversed the district...more
The U.S. Court of Appeals for the Federal Circuit issued a sua sponte order vacating its April 20, 2015, decision in In re Tam to consider the constitutionality of Section 2(a) of the Lanham Act, which provides that the U. S....more
In one of three parallel actions for trademark infringement involving competing paper towel manufacturers, the U.S. Court of Appeals for the Fourth Circuit examined the appropriate remedies that may be granted under the...more
Issuing its second trademark decision in 2015, the Supreme Court of the United States in a 7–2 decision reversed the U.S. Court of Appeals for the Eighth Circuit, concluding that an administrative ruling by the U.S. Patent...more
The Supreme Court of the United States, in a unanimous decision stated that “because the tacking inquiry operates from the perspective of the ordinary purchaser or consumer, we hold that a jury should make this...more
2/27/2015
/ Hana Bank ,
Hana Financial ,
Hana Financial v Hana Bank ,
Infringement ,
Intellectual Property Litigation ,
Jury Questions ,
Jury Trial ,
SCOTUS ,
Tacking ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
On January 21, 2015, the Supreme Court of the United States issued a unanimous decision in Hana Financial, Inc. vs. Hana Bank, et. al., pertaining to a substantive trademark matter, namely, whether a judge or jury should...more
1/27/2015
/ Doctrine of Equivalents ,
Genuine Issue of Material Fact ,
Hana Bank ,
Hana Financial ,
Hana Financial v Hana Bank ,
Jury Questions ,
Likelihood of Confusion ,
SCOTUS ,
Tacking ,
Trademark Infringement ,
Trademarks
Mil-Spec Monkey, Inc. v. Activision Blizzard, Inc. et al. -
Confirming that video games, including customizable multi-player games, qualify as expressive works entitled to First Amendment protection, a California...more
Nationstar Mortgage LLC v. Mujahid Ahmad -
The United States Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board (TTAB or Board) sustained an opposition on the basis of fraud, finding that Ahmad’s...more
Fortres Grand Corporation v. Warner Bros. Entertainment Inc. -
The U.S Court of Appeals for the Seventh Circuit affirmed the dismissal of a trademark infringement claim, finding that a real computer software product...more
La Quinta Worldwide LLC v. Q.R.T.M., S.A. De C.V., dba Quinta Real -
While affirming trademark infringement with respect to a Mexican hotel chain’s use of its trademark in the United States, the U.S. Court of Appeals...more
Lewis Bros. Bakeries, Inc. v. Interstate Brands Corp. (In re Interstate Bakeries Corp.) -
An en banc panel of the U.S. Court of Appeals for the Eighth Circuit reversed an earlier ruling of the same court finding that a...more
Airs Aromatics v. Victoria’s Secret -
Dismissing a trademark cancellation claim against Victoria’s Secret’s DREAM ANGELS trademarks, the U.S. Court of Appeals for the Ninth Circuit ruled that federal trademark law...more
Patents / Patent Eligible Subject Matter -
Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter --
AMP et al. v. Myriad Genetics, Inc.:
In a 9–0 decision the Supreme...more
6/27/2013
/ Abuse of Discretion ,
AMP v Myriad ,
Burden of Proof ,
Copyright ,
Damages ,
DNA ,
False Advertising ,
First Amendment ,
Human Genes ,
Infringement ,
Lanham Act ,
Myriad ,
Oprah Winfrey ,
Patent Terms ,
Patent-Eligible Subject Matter ,
Patents ,
Permanent Injunctions ,
SCOTUS ,
Time Warner ,
Trade Secrets ,
Trademarks ,
USPTO ,
Willful Infringement