News & Analysis as of

Dismissals Trademark Registration Trademark Litigation

McDermott Will & Schulte

Standing: Don’t get owned by incorrect trademark ownership

The US Court of Appeals for the Second Circuit affirmed a district court’s dismissal of a trademark and unfair competition suit, ruling that the plaintiff did not own the asserted trademark. The Court also held that the owner...more

McDermott Will & Schulte

And All That Jazz: Trademark Used for One Service Doesn’t Permit Tacking for Others

Reversing the Trademark Trial & Appeal Board’s decision to dismiss an opposition, the US Court of Appeals for the Federal Circuit addressed the requirements for a trademark owner to employ “tacking” based on the use of a mark...more

McDermott Will & Schulte

Trademark Owner’s Fate Sealed Tight After Finding of Fraud on PTO

Addressing the issue of collateral estoppel, the US Court of Appeals for the Eighth Circuit upheld a ruling dismissing a trademark owner’s second infringement lawsuit against the same defendant after a finding that the...more

Foley & Lardner LLP

Can You Identify Your Trade Dress?

Foley & Lardner LLP on

Trade dress is a type of trademark intellectual property right that can protect almost any unique identifying aesthetic design used by a company, from the shape of a product, to the appearance of a website, to the decor of a...more

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