Mondaq USA: Intellectual Property > Trademark
Shearman & Sterling LLP
Last year saw two major Lanham Act cases in the entertainment industry: Incarcerated Entm't, LLC v. Warner Bros. Pictures, 261 F. Supp. 3d 1220 (M.D. Fla. 2017) ...
Shearman & Sterling LLP
Inter partes review has, in a very short time, become a core part of patent litigation practice in the United States. In many cases it has replaced district-court litigation.
Wolf, Greenfield & Sacks, P.C.
Here's a 2017 ruling that slipped under the TTABLog radar. In this precedential order, the Board denied an FRCP 12(c) motion for judgment on the pleadings, directed at applicant's counterclaims...
McDermott Will & Emery
Later in 2016, the Trading Post filed a complaint in district court, challenging the Chamber's trademark.
McDermott Will & Emery
To fail the second prong of the Rogers test, the creator must explicitly mislead consumers.
Shearman & Sterling LLP
Since the founding of our republic, the right to trial before an independent judge and an impartial jury has been fundamental.
Stites & Harbison PLLC
We are two weeks into 2018. Have you kept your new year's resolutions so far? If you are like me, you have good intentions, but that may be all you have.
WilmerHale
International arbitration provides, in theory, an attractive alternative to litigation for resolving cross-border intellectual property ("IP") disputes.
Wolf, Greenfield & Sacks, P.C.
The USPTO refused registration of the mark shown below left, finding it likely to cause confusion with the mark shown below right, both for cigars. On appeal, applicant argued that the customers for its "high-end" cigars are sophisticated and selective, and furthermore that four third-party registrations for marks containing the letter "P" demonstrate that the cited mark is weak.
Chambliss, Bahner & Stophel, P.C.
Companies have many assets to protect, such as cash, equipment, inventory, furniture, etc.
Carlton Fields
A major study recently emerged regarding insurance industry brands.
Wolf, Greenfield & Sacks, P.C.
The TTAB issued three dozen (36) precedential opinions in calendar 2017. Among the more interesting ones, the Board considered the registrability of the color yellow for a cereal box...
Troutman Sanders LLP
Partners Ryan Schneider and Michael Hobbs are published in the Daily Report for their byline about how technology and the internet are affecting intellectual property attorneys.
BakerHostetler
On December 15, 2017, the Court of Appeals for the Federal Circuit struck down as unconstitutional the clause within 15 U.S.C. § 1052(a) ("Section 2(a)") ...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
.Allstate began a safe driving data and rewards program under the DRIVEWISE mark in 2010, and its trademark registration issued in April 2011.
Fenwick & West LLP
The year 2017 ushered in the most significant changes to the U.S. tax code in 30 years, a series of landmark federal and U.S. Supreme Court rulings, and other notable developments in venture financing...
Fenwick & West LLP
In July 2017, the U.S. Patent and Trademark Office amended the rules for filing petitions to revive abandoned trademark applications, petitions to reinstate expired/cancelled ...
Wolf, Greenfield & Sacks, P.C.
This is the second of two posts; the first five selections were posted here. Additional commentary on each case may be found at the linked TTABlog postings.
Wolf, Greenfield & Sacks, P.C.
The TTABlogger has once again chosen the ten TTAB decisions that he considers to be the most important and/or interesting from the previous calendar year (i.e., 2017).
Fenwick & West LLP
When does a trademark stop being a trademark? ASPIRIN, CELLOPHANE and ESCALATOR are all examples of words that were once trademarks, but ultimately came to be used and understood by the public...
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Arnold & Porter Kaye Scholer LLP
The Court nonetheless reversed the refusal to register "FUCT."
Akin Gump Strauss Hauer & Feld LLP
The Federal Circuit held that the "immoral or scandalous" clause of Lanham Act § 2(a), which prohibits registration of a trademark that "consists of or comprises immoral or scandalous matter," ...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
.Allstate began a safe driving data and rewards program under the DRIVEWISE mark in 2010, and its trademark registration issued in April 2011.
Winston & Strawn LLP
For many years it has been perceived that intellectual property interests, and those that advance them, face a less-than-welcoming environment at ICANN.
Womble Bond Dickinson
The latest chapter of the two-year IP struggle between two energy industry companies took place on Dec. 21, with Womble Bond Dickinson client DynaEnergetics US, Inc., and co-defendants Anderson Perforating Services...
Smith Gambrell & Russell LLP
On December 15, 2017, the Federal Circuit held that Lanham Act § 2(a)'s provision prohibiting the registration of "immoral or scandalous" matter is an unconstitutional violation of the First Amendment.
Wolf, Greenfield & Sacks, P.C.
In view of the upcoming retirement of Deputy Chief Judge Susan M. Richey at the TTAB, the USPTO has posted a vacancy announcement for the position.
BakerHostetler
On December 15, 2017, the Court of Appeals for the Federal Circuit struck down as unconstitutional the clause within 15 U.S.C. § 1052(a) ("Section 2(a)") ...
Brooks Kushman
Earlier this year, the U.S. Supreme Court ruled that the Lanham Act's prohibition on the registration of disparaging trademarks was unconstitutional. Matal v. Tam, 137 S.Ct. 1744 (2017).
Foley Hoag LLP
Happy Holidays from the Trademark and Copyright Law Blog and the Foley Hoag Trademark, Copyright & Unfair Competition Group.
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