Mondaq USA: Intellectual Property > Trademark
K&L Gates
On 15 February 2010, the company M/S. Indeutsch International (Applicant) filed figurative EU trademark for "knitting needles" and "crochet hooks" belonging to the 26th class of the Nice Classification.
Wolf, Greenfield & Sacks, P.C.
The Board affirmed a refusal to register, on the Supplemental Register, the product configuration mark shown below, for "printed paper labels; paper identification tags; printed paper labels; adhesive labels"...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The Third Circuit has held that where a manufacturer and its exclusive distributor have no written contract designating which party owns an unregistered trademark, the "McCarthy test," rather than the "first use test," should be used to decide ownership.
Wolf, Greenfield & Sacks, P.C.
North Carolina's specimens of use included explanatory text such as "[n]ew scratch-offs the first Tuesday of every month.
Fenwick & West LLP
Despite being short one justice for much of the year, the U.S. Supreme Court handed down multiple significant decisions this past term that can unsettle long-standing legal understandings...
Wolf, Greenfield & Sacks, P.C.
The Board correctly concluded that the "will.i.am" restriction "does not impose a meaningful limitation in this case for purposes of likelihood of confusion
Wolf, Greenfield & Sacks, P.C.
The Board sustained these consolidated oppositions to registration of STILL SPOONING for "Custom imprinting of flatware and fishing lures"...
Foley Hoag LLP
I have often called my friend and colleague, Dave Kluft, the master of opposition research. When we have a trademark case together, he can be counted upon to think deeply about our adversaries...
Foley Hoag LLP
Over a decade ago, a lawyer snapped a photograph of the Indianapolis skyline, thus opening the gates to perhaps the most prolific flood of copyright litigation in the history of Indiana.
Wolf, Greenfield & Sacks, P.C.
The USPTO refused registration of THE CANNIBAL for beer, finding a likelihood of confusion with the identical mark registered for "Restaurant services; Restaurant services, namely, providing of food and beverages ...
Wolf, Greenfield & Sacks, P.C.
Section 2(e)(5) of the Lanham Act bars registration of a proposed mark that "comprises any matter that, as a whole, is functional."
Dehns
Known as the ‘Father of the Constitution', Madison's passion for free speech is ratified at the heart of the United States.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
On July 7, 2017, the Ninth Circuit issued a decision clarifying issues related to pleading and proving reverse trademark confusion claims.
Wolf, Greenfield & Sacks, P.C.
The Trademark Trial and Appeal Board (TTAB) has scheduled seven (7) oral hearings for the month of August 2017.
Smith Gambrell & Russell LLP
These solicitations are typically received by U.S. Mail from U.S. and European locations.
Wolf, Greenfield & Sacks, P.C.
It has been said that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the goods or services.
Womble Carlyle
The Supreme Court's decision in Varsity Brands Inc. et al. v. Star Athletica LLC stands to impact how brands in all sorts of industries can protect design-based copyrights. But exactly how remains to be seen.
Wolf, Greenfield & Sacks, P.C.
Affirming a refusal to register COFFEE FLOUR on the Supplemental Register...
Proskauer Rose LLP
Floyd Mayweather and Connor McGregor's late-August 2017 matchup may be the most highly anticipated boxing event in decades. But while "The Money Team" and UFC's lightweight champion have been preparing to defend their trash talk in the ring, two judicial combatants were defending their clients in a federal courtroom in the Eastern District of New York.
Fisher Phillips LLP
As the United States has shifted to an information and technology-based economy, it has become increasingly important to protect intellectual property. Indeed, for many companies, intellectual property is their most important asset.
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Stites & Harbison PLLC
Recently, Amazon rolled out its revamped brand registry. This is a recent example of an online marketplace encouraging intellectual property owners to embrace the platform by taking steps to...
McDermott Will & Emery
The US Court of Appeals for the Ninth Circuit made a point to remind trademark litigants of the relevant laws and policies pertaining to trademark "genericide" when it sustained summary judgment...
McDermott Will & Emery
The US Court of Appeals for the Eighth Circuit affirmed a permanent injunction enjoining a dry cleaner franchisee from using plaintiff's trademarks but explained that plaintiff was not entitled to...
The McLane Law Firm
I recently read in this paper that Tough Mudder stopped a local rotary from using the color orange to promote its annual charity run because Tough Mudder owns a federal trademark relating to the color orange.
Fenwick & West LLP
The U.S. Court of Appeals for the Ninth Circuit reaffirmed its commitment to the rule that willfulness is a prerequisite for disgorgement of a trademark infringer's profits in Stone Creek v. Omnia Italian Design...
Foley Hoag LLP
Anna Jarvis led the efforts to establish the first official celebration of Mother's Day in 1908, during which she honored her own mother, Ann Maria Reeves Jarvis, a Civil War-era social activist.
Haug Partners
This article analyzes a trend in the entertainment field where a party wishing to use another's intellectual property in a creative work will do so without first seeking a license or express consent...
K&L Gates
On April 10, 2014, Deluxe submitted a complaint to the EU General Court, seeking to have the disputed decision invalidated.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
EmeraChem argues that the Board's "change of theory midstream" deprived it of notice and an opportunity to address the new claim construction.
Stites & Harbison PLLC
Today, we have a public service announcement in hopes you don't fall victim to this ever-growing problem. If you have filed a federal trademark application or own a trademark registration with the U.S. Patent and Trademark Office (USPTO), you are probably going to receive—if you haven't already—fake or misleading invoices.
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