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Trademark Litigation › Evidence › Trademark Registration

Farella Braun + Martel LLP

Trademark Applications Filed on an Intent-To-Use Basis Can Be Vulnerable To Challenge

Farella Braun + Martel LLP on

In filing to register a trademark on an “intent-to-use” basis, the applicant must verify that it has a good faith “bona fide intention to use the mark in commerce.” 15 U.S.C. § 1051(b). Assuming there is nothing on the face...more

Fish & Richardson

More Is More: Ensure Your Mark Is Protectable Before You Enforce

Fish & Richardson on

The Federal Circuit’s recent decision in Heritage Alliance v. American Policy Roundtable, Case No. 24-1155 (Fed. Cir. Apr. 9, 2025), provides a salient reminder to brand owners seeking to build value in descriptive trademarks...more

Snell & Wilmer

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

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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

McDermott Will & Schulte

Lager Than Life: $56 Million Verdict in Beer Trademark Dispute Still on Tap

McDermott Will & Schulte on

The US Court of Appeals for the Ninth Circuit upheld a $56 million trial verdict in a trademark dispute, finding that the evidence supported the jury’s conclusion that a beer company’s rebranding of one its beers infringed a...more

Bennett Jones LLP

Kissing Registration Goodbye: Deficient Online Survey Evidence Cannot Save Application for SWISSKISS

Bennett Jones LLP on

Survey evidence can be used in trademark disputes to establish consumer perception and brand power. A recent Federal Court decision provides guidance on factors that may influence the admissibility of online survey evidence....more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

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

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Akerman LLP - Marks, Works & Secrets

Lehman Brothers is Gone but Not Abandoned

Akerman LLP - Marks, Works & Secrets on

On September 30, 2020, the Trademark Trial and Appeal Board ruled in favor of the assignee of the famous LEHMAN BROTHERS trademark against the registration that mark as a brand name for beer, spirits, and bar and restaurant...more

McDermott Will & Schulte

TTAB Must Consider All Relevant DuPont Factors

McDermott Will & Schulte on

Reviewing a decision from the Trademark Trial and Appeal Board (TTAB), the US Court of Appeals for the Federal Circuit vacated and remanded the TTAB’s affirmation of an examining attorney’s refusal to register the trademark...more

McDermott Will & Schulte

Raise a Glass to the Single Dispositive DuPont Factor

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The US Court of Appeals for the Federal Circuit upheld a decision by the Trademark Trial and Appeal Board (TTAB) reiterating its determination that a single DuPont factor, such as the dissimilarity of the marks, can be...more

McDermott Will & Emery

Thirty Years’ Use of Mark Is Not Enough to Prove Acquired Distinctiveness if Evidence Is Insufficient - In re Louisiana Fish Fry...

McDermott Will & Emery on

Addressing the issue of distinctiveness, the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB) decision to deny registration of a plaintiff’s mark due to the dearth of evidence supporting the plaintiff’s...more

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