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The Court ruled that the post-sale context can be relevant when establishing similarity between trade marks....more
The U.S. Court of Appeals for the Federal Circuit held that the test for determining whether a word mark is generic also applies to color marks....more
In yet another recent example of the need for care in establishing a full record when appealing the denial of a trademark application, on April 14, 2025, the U.S. Court of Appeals for the Federal Circuit upheld the denial of...more
The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s dismissal of an opposition to the registration of the marks IVOTERS and IVOTERS.COM while also noting that the US Patent &...more
CERAMTEC GMBH v. COORSTEK BIOCERAMICS LLC - Before Lourie, Taranto, and Stark. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. A utility patent may still be considered strong...more
The US Court of Appeals for the Federal Circuit upheld a Trademark Trial & Appeal Board decision to partially cancel trademarks, ruling that an opposition challenger could not use the zone of natural expansion doctrine to...more
TTAB sustains opposition based on reputation without use in the United States - UNITED STATES OF AMERICA Legal updates: case law analysis and intelligence - The opponent, owner of Venezuelan company La Montserratina,...more
The U.S. Court of Appeals for the Federal Circuit last week issued an opinion that explained an often misunderstood doctrine in trademark law -- the "zone of expansion."...more
The US Court of Appeals for the Federal Circuit affirmed Trademark Trial & Appeal Board rulings, finding that a previously generic term was not generic at the time registration was sought because at that time the mark, as...more
In a rare case involving an admitted error by the U.S. Patent and Trademark Office, on February 20, 2025, the U.S. Court of Appeals for the Federal Circuit upheld the denial of Agadia Systems Inc.’s application for...more
n a decision that strongly endorsed the principle of corporate separateness – where a company’s affiliates are not financially responsible for the legal obligations of their parent – the U.S. Supreme Court unanimously...more
On February 26, 2025, the U.S. Supreme Court unanimously vacated a nearly $43 million award in a trademark dispute that raised the question of whether a defendant’s affiliates could be held liable for payment of a disgorged...more
The U.S. Supreme Court’s opinion in the Dewberry Group, Inc. v. Dewberry Engineers Inc. case was released Wednesday. In a unanimous opinion, the Court found that Section 35 of the Lanham Act, which provides that a plaintiff...more
The US Court of Appeals for the Second Circuit vacated and remanded a district court’s dismissal of a complaint for trade dress infringement and unfair competition, finding that the district court erred in requiring the...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
In this article, we review a number of notable Canadian trademark cases from 2024 and highlight key developments in Canadian trademarks practice. On February 5, 2025, join us for an insightful webinar as we deliver a roundup...more
The US Court of Appeals for the Fourth Circuit found that a district court does not need to accept both parties’ stipulation that a mark is distinctive but instead is permitted to make an evidentiary inquiry in determining...more
On 20 January 2025, the Court of Appeal handed down its judgment in the trade mark dispute between Thatchers Cider Company Limited (“Thatchers”), the largest family-run independent cider producer in the UK, and Aldi Stores...more
In August 2023, a federal appeals court upheld a district court case ruling that declined to apply the principle of corporate separateness – that corporations have no liability for their affiliates’ actions or obligations....more
In a closely monitored appeal, a panel of the U.S. Court of Appeals for the Ninth Circuit unanimously upheld a $56 million damages award against beverage company Molson Coors in Stone Brewing Co., LLC v. Molson Coors Beverage...more
In August, Vans, a globally-known footwear and apparel company, and MSCHF, a Brooklyn-based art collective, settled their trademark and trade dress dispute, entering an agreement that permanently enjoins and restrains MSCHF...more
The US Court of Appeals for the Fifth Circuit vacated a district court’s amended final judgment and reinstated its prior final judgment, finding that the district court overstepped its narrow mandate on remand, directly...more
The US Court of Appeals for the Ninth Circuit affirmed a district court’s grant of a preliminary injunction (PI) in a trademark action under the Lanham Act, stating that the district court’s ruling was not clearly erroneous...more
In a trademark case involving an incontestable registration, the US Court of Appeals for the First Circuit affirmed a district court ruling denying the registrant a preliminary injunction (PI) for failure to establish...more
The US Court of Appeals for the Eighth Circuit affirmed a district court ruling that a plaintiff was not entitled to a jury trial regarding its trade dress infringement claim and that the plaintiff failed to prove that its...more