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Trademark Litigation › Statutory Interpretation › Judicial Authority

Farella Braun + Martel LLP

Profits or Peers: Does Seeking an Accounting in Trademark Litigation Waive the Right to a Jury Trial?

Farella Braun + Martel LLP on

In trademark infringement litigation, the form of monetary relief a plaintiff requests can determine whether the case is decided by a jury or a judge. This procedural distinction has real consequences, and a new request has...more

Knobbe Martens

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

Knobbe Martens on

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

Farella Braun + Martel LLP

New TTAB Precedent Prohibits Incorporation By Reference

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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

Baker Botts L.L.P.

When Can District Courts Cancel Trademark Applications?

Baker Botts L.L.P. on

Courts are divided on whether their power to order the cancellation of trademark registrations extends to still pending trademark applications under review by the United States Patent and Trademark Office (USPTO). The Ninth...more

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