Trademark Infringement, Trademark Ownership, Appeals

No “Sale,” No Trademark: Ninth Circuit Dismisses “WallStreetBets” Founder’s Infringement Claim Against Reddit for Lack of...

Ervin Cohen & Jessup LLP on 6/23/2025

On June 11, 2025, in likely the most significant ruling of the longstanding feud between the social media website, Reddit, Inc., and the founder of its notorious “WallStreetBets” subreddit community, Jaime Rogozinski, the...more

Fourth Circuit Holds Additional Evidence Needed to Determine Whether “MOKE” is Generic

Snell & Wilmer on 2/11/2025

The Fourth Circuit recently vacated and remanded a finding that the term MOKE is generic for certain low-speed, open-air vehicles. This case originated in the Trademark Trial and Appeal Board (“TTAB”) where Moke America LLC...more

Beach Buggy Battle: Stipulation Insufficient to Establish Trademark Distinctiveness

McDermott Will & Schulte on 1/30/2025

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

Federal Circuit’s Determination on Whether Fraudulent Conduct in Obtaining Incontestable Status Warrants the Mark’s Cancellation

Sheppard Mullin Richter & Hampton LLP on 11/10/2023

In Great Concepts, LLC, v. Chutter, Inc., the Federal Circuit decided on whether the Trademark Trial and Appeal Board can cancel a trademark based on the inclusion of false statements in a declaration to obtain an...more

Three Point Shot - November 2022

Proskauer Rose LLP on 11/30/2022

NBA Properties Lands Slam Dunk in Intellectual Property Win Heard Around the Globe - NBA Properties, Inc. (“NBAP”), the exclusive licensee of the National Basketball Association (“NBA”) and NBA teams’ distinctive trademarks,...more

Vested Rights Clause Restores Trademark to Original Applicant

McDermott Will & Schulte on 5/3/2019

Addressing the issue of trademark ownership under since-terminated development and commercialization agreements, the US Court of Appeals for the Third Circuit reversed in part and affirmed in part, finding that under a...more

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

McDermott Will & Schulte on 3/6/2019

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

The Federal Circuit Vacates and Remands An International Trade Commission Final Determination in A Trademark-Based Investigation

Akin Gump Strauss Hauer & Feld LLP on 11/6/2018

• The Federal Circuit issued a rare precedential decision in an appeal from a trademark- and trade dress-based ITC investigation. • In its decision, the Federal Circuit reiterated that the act of trademark registration does...more

MarkIt to Market® - October 2016

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 11/2/2016

The October 2016 issue of Sterne Kessler's MarkIt to Market® newsletter provides an update on the Redskins trademark case, discusses a recent TTAB ruling regarding ownership of families of marks, and announces the new gTLD...more

Acquiescence Defense – Don’t Try to Use It Too Early

McDermott Will & Schulte on 7/9/2016

The US Court of Appeals for the Seventh Circuit reversed and remanded a district court decision, finding that the defendant’s attempt to have a trademark infringement lawsuit dismissed at the pleading stage based on an...more

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