Kilpatrick partner Ted Davis spoke recently at the International Trademark Association’s annual meeting on recent developments in United States trademark and unfair competition law over the trailing twelve months....more
I. Introduction -
A prevailing plaintiff under the Lanham Act may be entitled to several forms of monetary relief, among them an accounting of the defendant’s profits under Section 35 of the Act.1 The prospect of a...more
Kilpatrick partner Ted Davis recently presented his “Annual Update on Recent Trademark Case Law” at the firm’s 2025 Advanced Trademark Law Seminar in San Francisco....more
Kilpatrick partner Ted Davis spoke recently at the American Intellectual Property Law Association’s Spring Meeting and at the International Trademark Association’s annual meeting on recent developments in United States...more
Kilpatrick partner Ted Davis spoke recently at the New York State Bar Association IP Section Annual Meeting on recent developments in United States trademark and unfair competition law.
The following are highlights from...more
I. Introduction -
In Abitron Austria GmbH v. Hetronic Int’l, Inc., the Supreme Court adopted a restrictive rule governing extraterritorial applications of the federal Lanham Act. In doing so, the Court rejected the...more
I. Introduction -
The test for trademark and service mark infringement first set forth in Rogers v. Grimaldi, has played an increasingly significant role in challenges to the titles and contents of creative works since...more
6/16/2023
/ Dilution ,
First Amendment ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
Rogers Test ,
SCOTUS ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
Kilpatrick Townsend Partner Ted Davis recently spoke at the New York Intellectual Property Association. He discussed "Combatting Misrepresentations in the Trademark Prosecution and Maintenance" during the Hot Topics in...more
The Trademark Modernization Act, many aspects of which went into effect December 27, 2021, implemented numerous changes to United States trademark practice, including codification of letters of protest, changes to the...more
2/24/2022
/ Best Practices ,
Continuing Legal Education ,
Ex Partes Reexamination ,
Irreparable Harm ,
Misrepresentation ,
Reckless Disregard ,
Sanctions ,
Trademark Application ,
Trademark Litigation ,
Trademark Modernization Act (TMA) ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO ,
Webinars
For years, the federal courts of appeals have been split on an issue of critical importance to litigants under the Lanham Act, namely, whether a prevailing plaintiff seeking an accounting of the defendant’s profits under...more
4/24/2020
/ § 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
Kilpatrick Townsend Partner Ted Davis will discuss important trademark cases from the trailing 12 months that affect the retail and consumer goods industry, including ideas on how in-house counsel can manage the changes...more
CASE SUMMARY -
Every trademark lawyer knows that between the fifth and sixth year after registration the trademark owner must file an affidavit of use. If the mark has been in continuous use, the owner may also file an...more