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
In Vidal v. Elster, the Supreme Court addressed the constitutionality of Section 2(c) of the Lanham Act, which prohibits the registration as a trademark or service mark of any “name, portrait, or signature identifying a...more
In Great Concepts Management Group v. Chutter, Inc., the Federal Circuit entertained an appeal from the Trademark Trial and Appeal Board’s cancellation of a federal registration based on the registrant’s filing of an...more
Kilpatrick Townsend's Ted Davis recently spoke at the Federal Bar Association's IP Law Fall Conference 2022 on the topic of "Petitions for Expungement or Reexamination and Other Aspects of the Trademark Modernization Act."...more
Kilpatrick Townsend’s Ted Davis recently spoke at the Federal Bar Association’s IP Law Fall Conference 2022 on the topic of “Petitions for Expungement or Reexamination and Other Aspects of the Trademark Modernization Act.”...more
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
Kilpatrick Townsend’s Ted Davis recently spoke at the New York Intellectual Property Association at its “Hot Topics in Trademark and Copyright Law” seminar. Mr. Davis presented on “Combating Misrepresentations in Trademark...more
Kilpatrick Townsend’s Ted Davis recently presented his “Annual Review of U.S. Federal Case Law and TTAB Developments” at the International Trademark Association (INTA) annual meeting. Mr. Davis provided a concise analysis of...more
Kilpatrick Townsend’s Ted Davis and Rita Weeks recently presented on the topic of “Combating Misrepresentations in Trademark Prosecution and Maintenance: The Trademark Modernization Act and Beyond.” The Trademark...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
I. Introduction -
On December 27, 2020, the Trademark Modernization Act of 2020 (“TMA”) became law after it passed Congress and was signed by the President as part of the year-end Consolidated Appropriations Act for 2021....more
1/12/2022
/ Ex Partes Reexamination ,
Expungement ,
Intellectual Property Protection ,
Lanham Act ,
Trademark Application ,
Trademark Cancellation ,
Trademark Modernization Act (TMA) ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
On June 30, 2020, the U.S. Supreme Court affirmed the potential registrability in the U.S. Patent and Trademark Office (“PTO”) of a claimed trademark or service mark consisting of a generic word and a generic top-level domain...more
7/23/2020
/ Acquired Distinctiveness ,
Appeals ,
Booking.com ,
Domain Name Registration ,
Domain Names ,
Generic Marks ,
Lanham Act ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO
Kilpatrick Townsend partner Ted Davis recently presented his “Annual Review of Key Trademark & Unfair Competition Opinions” at the firm’s 2019 Advanced Trademark Law Seminar in San Francisco.
Key takeaways from the...more
The USPTO has announced a new rule, effective August 3, 2019, which will require all trademark applicants, registrants, and parties to a Trademark Trial and Appeal Board Proceeding (collectively “claimants”) who are not...more
On January 4, 2019, the U.S. Supreme Court granted a petition for certiorari filed by the U.S. Patent and Trademark office in Iancu v. Brunetti. The USPTO seeks to overturn the Federal Circuit’s ruling that the prohibition on...more
1/10/2019
/ Certiorari ,
Disparagement ,
First Amendment ,
Free Speech ,
Iancu v. Brunetti ,
Lanham Act ,
Scandalous/Immoral Marks ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
USPTO
In Matal v. Tam, the Supreme Court held that a portion of Section 2(a) of the Lanham Act prohibiting the federal registration of potentially disparaging trademarks and service marks violated the Free Speech Clause of the...more
6/21/2017
/ Disparagement ,
First Amendment ,
Free Speech ,
Lanham Act ,
Matal v Tam ,
Music Industry ,
SCOTUS ,
The Slants ,
Trademark Registration ,
Trademarks ,
USPTO