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Trademark Litigation › Descriptive Trademarks › Appeals

Mayer Brown

Lost in Translation: The Doctrine of Foreign Equivalents in Trademark Law

Mayer Brown on

In this episode of The Upper Brand, Kristine Young and Rich Assmus discuss the recent Federal Circuit case regarding the doctrine of foreign equivalents in trademark law. They explore the concepts of descriptiveness and...more

McDermott Will & Schulte

What Makes a Trademark Case “Exceptional” in the Fifth Circuit?

McDermott Will & Schulte on

The US Court of Appeals for the Fifth Circuit affirmed a senior party mark but found that the district court committed clear error in finding that a similar junior party mark was valid. The Fifth Circuit also found that the...more

McDermott Will & Schulte

All That Glitters: Use of Registered Mark To Describe Watch Color Was Fair Use

McDermott Will & Schulte on

The US Court of Appeals for the Second Circuit affirmed a district court’s grant of summary judgement to a luxury-watchmaker defendant, holding that its use of a registered and incontestable trademarked term was fair use...more

Akerman LLP - Marks, Works & Secrets

The Skinny on “Thins”

Akerman LLP - Marks, Works & Secrets on

According to the Federal Circuit, the skinny on the term “Thins” is that it may be generic for thinly cut snack crackers. Real Foods Pty Ltd. V. Frito-Lay North America, Inc., (October 4, 2018 Fed. Cir.)....more

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