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Searching Content indexed under Intellectual Property by Paul Llewellyn ordered by Published Date Descending.
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1
Supreme Court Strikes Down 70-Year-Old Statutory Provision Barring The Registration Of "Disparaging" Trademarks
For more than 70 years, the Lanham Act has barred the federal registration of disparaging trademarks.
United States
29 Jun 2017
2
Federal Circuit Holds That Services Can Be Provided via Cloud Computing Software
"With modern technology, the line between services and products sometimes blurs." This blurring of the line led to the Federal Circuit's recent decision vacating and remanding the cancellation of two service marks by the U.S. Trademark Trial and Appeal Board (TTAB).
United States
20 Mar 2017
3
Supreme Court Lets Stand Court Of Appeals Ruling That Owner Of A Foreign Trademark May Sue Under The Lanham Act For Conduct In The United States
In early March, the United States Supreme Court declined to hear an appeal in a significant trademark and unfair competition case decided in 2016 by the United States Court of Appeals for the Fourth Circuit...
United States
7 Mar 2017
4
Does A Primrose By Any Other Name Smell As Sweet?
A December 27, 2016, precedential decision by the Trademark Trial and Appeal Board (Board) addresses the way the Board views evidence of third-party registrations in trademark opposition proceedings.
United States
22 Feb 2017
5
Second Circuit Expands Split On Nominative Fair Use
U.S. courts generally agree that, depending on the circumstances, certain types of nominative use—using another's trademark to refer to the trademark owner's goods or services—do not constitute trademark infringement.
United States
17 Nov 2016
6
The Shape Of Things To Come: The Benefits And Challenges Of Protecting Product Configuration And Packaging Design
Consumer products manufacturers have sought to protect the configuration of their products under US law for well over a century—the seminal US Supreme Court case on design patents, involving silverware pattern designs, was decided in 1871.
United States
26 Sep 2016
7
Trade Facilitation And Trade Enforcement Act Of 2015 Strengthens Enforcement Of IP Rights At U.S. Borders
On February 24, 2016, U.S. President Barack Obama signed into law the Trade Facilitation and Trade Enforcement Act of 2015.
United States
25 Aug 2016
8
Phantom Mark Depicting Arrangement Of Numerical Financial Data Refused Registration
In a non-precedential but illuminating opinion, the U.S. TTAB recently affirmed a refusal to register a "phantom mark" consisting of the element "XXX.XX" forming a pattern of overlapping circles.
United States
25 Aug 2016
9
TTAB Rejects Consent Agreement In Finding Likelihood Of Confusion
In a recent decision that serves as a reminder that the U.S. Trademark Trial and Appeal Board will not merely "rubber stamp" consent agreements, the TTAB recently scrutinized a coexistence agreement proffered by a trademark applicant.
United States
10 May 2016
10
On Remand From The US Supreme Court, The Eighth Circuit In B & B Hardware Holds That TTAB Decision Is Entitled To Preclusive Effect
The brevity of the court's decision leaves for another day the difficult practical issues the Supreme Court's decision raises.
United States
3 Dec 2015
11
Federal Circuit Affirms Finding Of No Abandonment Based On Trademark Tacking, Reverses Refusal To Register On Likelihood-Of-Confusion Grounds
Until recently, the Federal Circuit treated trademark tacking as an issue of law to be reviewed de novo on appeal.
United States
3 Dec 2015
12
Second Circuit Strengthens Affirmative Rights Of Authors Of Fair Use Works
In a decision that could significantly strengthen the rights of creators of fair use derivative works, the Second Circuit affirmed a judgment in favor of the creator of a parody play who sued a third party for copyright infringement.
United States
3 Dec 2015
13
Federal And Fourth Circuits To Rule On Constitutionality Of Lanham Act's Prohibition On Registration Of Disparaging Marks
As several of our newsletters have chronicled, the constitutionality of Section 2(a) of the Lanham Act and, in particular, its prohibition on the registration of marks that "may disparage," has been fertile ground for litigation.
United States
2 Dec 2015
14
Batmobile To The Rescue: Clarifying The Reach Of Copyrights In Characters
In holding that the Batmobile is a protectable copyrighted character, the Ninth Circuit has provided some needed clarification to the test for determining the copyrightability of a nonliterary character.
United States
2 Dec 2015
15
Authors Guild Expands On Importance Of Transformative Purpose Use To Fair Use Analysis
In an opinion by Judge Leval, the United States Court of Appeals for the Second Circuit has upheld Google's digitization program of full text copying of books.
United States
1 Dec 2015
16
Divided Ninth Circuit Panel, Reversing Itself, Holds That Amazon's Search Results Do Not Cause A Likelihood Of Initial Interest Confusion
In a closely watched case involving the design of the search results page on Amazon.com, a divided panel of the Ninth Circuit held that the page did not create a likelihood of initial interest confusion.
United States
1 Dec 2015
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