Popular, Trademark Litigation, Trademark Trial and Appeal Board

Value and Risk of Overlapping Intellectual Property Protections

Proskauer - The Patent Playbook on 5/8/2025

A well-orchestrated intellectual property strategy requires carefully and thoughtfully leveraging copyright, trademark, and patent laws, as highlighted by a recent decision handed down by the United Sates Court of Appeals for...more

USPTO Kicks “Hijacker” of Foreign Trademark Out the Door

Fish & Richardson on 2/3/2025

When, if ever, is it okay to use a trademark in U.S. commerce that is identical to another company’s mark used outside the U.S.? Courts have struggled with this issue for years, and the U.S. Patent and Trademark Office...more

A SUPER HERO-ic Trademark Takedown

Dorsey & Whitney LLP on 11/27/2024

Last month, the creators of beloved characters like “Superman” and “Spider-Man” declined to come to their own rescue when their SUPER HERO and SUPER HEROES registrations were cancelled by a default judgment from the U.S....more

A Very Demure and Very Mindful Look at What Celebrities Can Teach Us About Trademarks

Seyfarth Shaw LLP on 9/13/2024

What do a social media content creator and reality television stars have in common? Apart from more followers than I’ll ever have, significant issues regarding their trademarks. Jools Lebron, a content creator, was...more

New Utah NHL Team Takes Shot-Pass With Nine Intent-to-Use Trademark Applications

Butler Snow LLP on 5/7/2024

Though the NHL Stanley Cup Playoffs are in full swing, a lot of off-ice activity is happening as a result of the sale of the Arizona Coyotes to Utah Jazz owners Ryan and Ashley Smith’s Smith Entertainment Group. Most hockey...more

Reflecting on the Interplay Between Real Estate and Intellectual Property in 2023 - Landmark Trademark Cases and Copyright...

ArentFox Schiff on 1/18/2024

As 2023 came to an end, it offered a prime opportunity to examine significant legal developments in intellectual property case law and implications for the real estate industry in the year to come. Among other things,...more

TTAB’s Refusal To Register Trademark Reveals Important Lesson For Trademark Attorneys

Weintraub Tobin on 11/15/2018

The Trademark Trial and Appeals Board’s recent ruling in In re Productos Verde Valle, S.A. de C.V. upholding a trademark examiner’s refusal to register the mark SONIA for “sauces; chili sauce; hot sauce” holds a lesson for...more

Significant Intellectual Property Trademark Decisions

Harris Beach Murtha PLLC on 3/27/2018

2017 was a year filled with significant developments in case law for trademarks. The below rulings highlight some successes and obstacles faced by companies in the protection of their trademarks and their brand as a whole. ...more

It’s A Bird, It’s A Plane, It’s Dilution By Blurring: TTAB Sustains DC Comics’ Opposition Against Application For Super Woman Of...

Ladas & Parry LLP on 11/6/2017

In a non-precedential decision in DC Comics v Deanna Rivetti (Opposition 91219851, August 17 2017), the Trademark Trial and Appeal Board (TTAB) sustained an opposition to the registration of Application Number 86240703 for...more

10 Trademark Cases About Yo Mama

Foley Hoag LLP - Making Your Mark on 5/9/2017

Anna Jarvis led the efforts to establish the first official celebration of Mother’s Day in 1908, during which she honored her own mother, Ann Maria Reeves Jarvis, a Civil War-era social activist. But about a dozen years after...more

An Attempt at Efficiency: A Look at the TTAB’s Upcoming Rule Changes

Morgan Lewis on 11/7/2016

The rule changes are aimed at streamlining proceedings before the TTAB. The Trademark Trial and Appeal Board (TTAB or the Board) will implement several important rule changes as of January 14, 2017. The changes will...more

Choosing Owner Entities WISELY

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 11/4/2016

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

Copyright and Trademark Case Review: In "Vogue," Burning Man, Building Plans and More

WilmerHale on 7/8/2016

Copyright Opinions - Samples in Madonna's “Vogue” Too Trivial to Be Infringing: VMG Salsoul, LLC v. Ciccone, Nos. 13-57104, 14-55837 (9th Cir. June 2, 2016) - Graber, J. In a suit claiming infringement of both...more

Copyright and Trademark Case Review: FLANAX, Fishing Tackle, Football Players and More

WilmerHale on 4/5/2016

Summaries of Recent Precedential and Informative Appellate Opinions - Trademark Opinions - Owners of Foreign Marks May Sue Under Lanham Act Without Using Marks in the US: Belmora LLC v. Bayer Consumer Care AG,...more

No Room at the USPTO: TTAB Rejects Booking.com Trademarks As Generic

Dorsey & Whitney LLP on 3/23/2016

Many online businesses prefer to use domain names that communicate as clearly and concisely as possible the types of goods and services offered on their websites. That may be good marketing strategy. But as a recent decision...more

2015 U.S. Trademark Developments Every Food and Beverage Lawyer Should Know

King & Spalding on 2/5/2016

In 2015, U.S. courts provided trademark practitioners with several issues to discuss and debate. Identified and summarized below are the top five most discussed issues....more

2015 IP Law Year In Review

Knobbe Martens on 2/2/2016

Commil USA, LLC v. Cisco Systems, Inc., 135 S. Ct. 1920 (May 26, 2015) - ..Does a defendant’s belief that a patent is invalid serve as a defense to charges of inducing infringement? NO - ..Inducement requires...more

Belmora v. Bayer: Does the Lanham Act Protect An Owner of a Well-Known Foreign Mark From Intentional Misuse of the Mark in the...

WilmerHale on 1/6/2016

In Belmora LLC v. Bayer Consumer Care AG,1 the U.S. Court of Appeals for the Fourth Circuit is faced with novel issues about the reach of the Lanham Act. The case arose from Bayer’s filing of a petition to cancel Belmora’s...more

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