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Motion to Dismiss › Trademark Trial and Appeal Board

Seyfarth Shaw LLP

Know the Rules or Get Burned: TTAB Smolders Oppositions for Failure to Prosecute

Seyfarth Shaw LLP on

In Adaptive Energy LLC v. Central Coast Agriculture, Inc., the Trademark Trial and Appeal Board (“Board”) dismissed two oppositions for failure to prosecute. Oppositions Nos. 91275644 and 91280840 (April 11, 2025). The...more

Troutman Pepper Locke

EDVA Judge Trims Down Claims in Trademark Dispute Arising From Business Sale

Troutman Pepper Locke on

A pending EDVA case shows how the failure to address intellectual property rights in an asset sale can mushroom into multinational litigation, including a dispute over trademark rights in the United States....more

Knobbe Martens

Minority Owners of a Trademark Registrant, Who neither Use nor Possess Ownership Rights in the Mark, Cannot Seek Cancellation of...

Knobbe Martens on

Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Summary: Parties that own minority shares in the trademark registrant, but do not separately use or possess an ownership right in...more

Fox Rothschild LLP

The Federal Circuit: Lexmark Governs Standing For Trademark Cancellation Proceedings

Fox Rothschild LLP on

On October 27, 2020, the Federal Circuit affirmed a U.S. Trademark Trial and Appeal Board (“TTAB”) decision canceling Corcamore, LLC’s registration for the mark SPROUT. More specifically, the Federal Circuit concluded that...more

Foley Hoag LLP - Making Your Mark

Law Students Seek to “Free Rapunzel from The Trademark Tower” by Opposing RAPUNZEL as a Trademark for Dolls

Foley Hoag LLP - Making Your Mark on

In an interesting case pending before the TTAB, law students from the Suffolk University IP and Entrepreneurship Clinic have opposed an application filed by United Trademark Holdings, Inc. to register RAPUNZEL as a trademark...more

Proskauer - New England IP Blog

Court Makes Motion to Dismiss in Trademark Dispute Magically Disappear

Proskauer - New England IP Blog on

A basic tenet of litigation is that the court must have personal jurisdiction over the parties to the case. In one recent decision, an out-of-state defendant in a trademark infringement dispute could not use a motion to...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Choosing Owner Entities WISELY

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

In a recent precedential decision, the TTAB clarified whether a party filing an Opposition is entitled to allege a family of marks as a basis for a Section 2(d) claim when those marks are not all owned by a single legal...more

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