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Supreme Court of the United States › Trademark Trial and Appeal Board › Trademark Application

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Haug Partners LLP

Federal Circuit upholds USPTO Refusal of Application for Registration for the Mark “VETEMENTS” Under the Foreign Equivalents...

Haug Partners LLP on

In a precedential decision, the Federal Circuit upheld the United States Patent and Trademark Office (“USPTO”) and Trademark Trial and Appeal Board’s (“Board”) refusal of the mark “VETEMENTS” under the foreign equivalents...more

McDermott Will & Schulte

Supreme Court Upholds Constitutionality of Lanham Act’s Names Clause

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In Vidal v. Elster, a unanimous Supreme Court of the United States reversed the US Court of Appeals for the Federal Circuit’s decision, holding that the Lanham Act’s names clause does not violate the First Amendment or...more

Seyfarth Shaw LLP

SCOTUS To Examine Whether First Amendment “Trumps” Lanham Act

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The U.S. Supreme Court continues to show interest in trademark issues with its recent grant of certiorari in another case pitting the Lanham Act against the First Amendment....more

McDermott Will & Schulte

Oh, Fudge. TTAB Finds Curse Word Fails to Function as Trademark

McDermott Will & Schulte on

The US Patent & Trademark Office (PTO) denied registration of several US trademark applications for the mark FUCK, even though the applicant had overcome a prohibition on the registration of “immoral or scandalous” trademarks...more

Jones Day

JONES DAY TALKS®: Women in IP: 2020 in Review and a Look Toward 2021

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Jones Day's Meredith Wilkes and Anna Raimer discuss 2020's most significant developments in trademark law and preview what's to come in 2021, including possible progress in Washington on the highly anticipated Trademark...more

Sheppard Mullin Richter & Hampton LLP

USPTO Issues Guidance on Examination of Generic.com Terms

Sheppard Mullin Richter & Hampton LLP on

In June of this year, the US Supreme Court ruled that a proposed mark consisting of the combination of a generic term and a generic top-level domain, like “.com,” is not per se generic. (USPTO v. Booking.com). In response,...more

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

MarkIt to Market® - January 2020

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

The January 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the following topics: - The TTAB's affirmation to refuse a mark to distillery Jos. A. Magnus & Co.; - Six trademark and copyright cases...more

Fenwick & West LLP

Booking Generic Domains

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The U.S. Supreme Court will soon determine whether combining a generic term with a generic top-level domain (gTLD) such as .com can ever be a protectable trademark. Regardless of how the Court rules in U.S. Patent & Trademark...more

Jones Day

U.S. Supreme Court: "All the Expenses" Does Not Include Attorney’s Fees - In Peter v. Nantkwest, Inc., the Supreme Court...

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The U.S. Supreme Court's recent 9-0 decision in Peter v. NantKwest, Inc., Case No. 18-801, informs strategic cost considerations in appeals challenging adverse decisions issued by the United States Patent and Trademark Office...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Issues Unanimous Ruling Denying PTO Attorneys’ Fees for Section 145 Actions

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On December 11, 2019, in Peter v. NantKwest, Inc., 589 U.S. __ (2019), the U.S. Supreme Court issued a unanimous decision holding that the U.S. Patent and Trademark Office (PTO) cannot recover the salaries of its legal...more

Cooley LLP

Alert: Supreme Court to Hear Dot-Com Trademark Issue

Cooley LLP on

On November 8, 2019, the United States Supreme Court agreed to take up a case that could potentially have a significant impact on domain name owners and those who have invested in promoting their dot-com brand. Can combining...more

Dorsey & Whitney LLP

Booking.com Heads to the High Court

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Last Friday, the U.S. Supreme Court granted the USPTO’s writ of certiorari to review traveling website company Booking.com’s trademark application for “booking.com”. The TMCA previously covered developments in this case here....more

Foster Garvey PC

The Washington Redskins Win Their Trademark Battle in Overtime

Foster Garvey PC on

Simon Tam of the Asian rock band, The Slants, probably was not envisioning an 8-year-long legal battle when he chose the group’s name. Slant is known as a racial slur for Asians. Tam hoped to strip the term of its derogatory...more

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