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Trademark Litigation › Lanham Act › Patent Trial and Appeal Board

Knobbe Martens

The Federal Circuit Grounds US SPACE FORCE Trademark Application

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IN RE THOMAS D. FOSTER, APC, - Before Moore, Prost, and Stoll. Appeal from the United States Patent and Trademark Office. Section 2(a) of the Lanham Act bars registration of a pending application for a mark that falsely...more

Knobbe Martens

Coloring Within the Lines: The Genericness Test for Color Trademarks

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IN RE: PT MEDISAFE TECHNOLOGIES - Before Prost, Clevenger, and Stark. Appeal from the Trademark Trial and Appeal Board. A proposed color mark was found generic where the relevant public perceived the color to be a common...more

Knobbe Martens

Not Lost in Translation: Federal Circuit Clarifies Application of the Doctrine of Foreign Equivalents

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IN RE: VETEMENTS GROUP AG - Before Prost, Wallach, and Chen. Appeal from the Trademark Trial and Appeal Board. A party opposing application of the doctrine of foreign equivalents has the burden to show that the ordinary...more

Fish & Richardson

Green Glove Trademark Application Gets Red Light From Federal Circuit

Fish & Richardson on

In a precedential decision, the U.S. Court of Appeals for the Federal Circuit recently blessed the test used by the U.S. Trademark Trial and Appeal Board (TTAB) for denying registration to PT Medisafe Technologies for a...more

McDermott Will & Schulte

No Green Light to Register Color Mark for Medical Gloves

McDermott Will & Schulte on

Addressing for the first time the test for determining whether a color mark is generic, the US Court of Appeals for the Federal Circuit adopted the Trademark Trial & Appeal Board’s Milwaukee test as the appropriate standard,...more

Irwin IP LLP

Your “Chicken Scratch” May Be Confusing 

Irwin IP LLP on

In Re R.S. Lipman Brewing Co., LLC, 2025 WL 1099603 (Fed. Cir. Apr. 14, 2025) - Be careful when selecting a name for your product, otherwise you might find yourself cooked at the United States Patent and Trademark Office...more

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

MarkIt to Market® - April 2021

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

[co-author: Joseph Diorio, Law Clerk] The April 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the suit filed by Nike over MSCHF's "Satan Shoes"; the latest PTAB decision in the ongoing battle...more

Miller Canfield

Supreme Court Remains Focused on Intellectual Property, Adds Two Trademark Cases For Next Term

Miller Canfield on

The Supreme Court granted certiorari in two trademark cases on June 28, 2019, adding them to its docket for next term. Romag Fasteners, Inc. v. Fossil, Inc., et al. concerns whether, under Section 35 of the Lanham Act, 15...more

Knobbe Martens

2015 IP Law Year In Review

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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

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