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Trademark Litigation › Precedential Opinion › Appeals

Farella Braun + Martel LLP

New TTAB Precedent Prohibits Incorporation By Reference

Farella Braun + Martel LLP on

In a precedential decision issued June 6, 2025, the Trademark Trial and Appeal Board (TTAB) confirmed what has long been suggested in its procedural manual: Appellants in ex parte appeals may not incorporate arguments from...more

Fish & Richardson

No Space at the Trademark Office for US SPACE FORCE

Fish & Richardson on

In a rare precedential decision involving Section 2(a) of the Lanham Act, the U.S. Court of Appeals for the Federal Circuit recently upheld a denial by the Trademark Trial and Appeal Board (TTAB) of applications filed for US...more

Saiber LLC

Third Circuit Vacates Trademark Infringement Award, Clarifying Standards to be Applied by Trial Courts

Saiber LLC on

In a recent precedential opinion, Kars 4 Kids Inc. v. America Can!, __ F.4th __ (3d Cir. 2021) (publication pending), the United States Court of Appeals for the Third Circuit vacated a $10.6 million trademark infringement...more

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

MarkIt to Market® - April 2020: Color Marks for Product Packaging CAN Be Inherently Distinctive - What This Means for Your Brand...

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

Earlier this month, the Federal Circuit issued a precedential ruling on the question of whether a color mark for product packaging can ever be inherently distinctive, holding that the Trademark Trial and Appeal Board (TTAB)...more

McDermott Will & Schulte

Federal Circuit Withdraws Ruling on Trademark Preclusion of ITC Determinations

McDermott Will & Schulte on

In response to a petition for rehearing by the intervenors, the US Court of Appeals for the Federal Circuit vacated part of an earlier precedential decision noting the lack of preclusive effect of trademark decisions by the...more

Dorsey & Whitney LLP

USPTO Throws in the Towel in Dispute With Federal Judge

Dorsey & Whitney LLP on

In an earlier post, we discussed at length the curious case of The Board of Trustees of the University of Alabama and Paul W. Bryant, Jr. v. Houndstooth Mafia Enterprises LLC et al. Surprisingly, this dispute came to an...more

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