Searching Content indexed under Trials & Appeals & Compensation by Anna Raimer ordered by Published Date Descending.
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Supreme Court Holds Immoral And Scandalous Trademarks Are Registrable
The immediate effect of this decision is that the PTO will not have a statutory basis to refuse trademark applications for marks containing or comprising vulgar, profane, or obscene matter.
United States
2 Jul 2019
No Longer Paid In Full: "Full Costs" Covers Only Taxable Costs In Copyright Cases
Under the American Rule, the prevailing party ordinarily must bear the bulk of its litigation expenses, unless Congress has explicitly authorized a broader award.
United States
13 Mar 2019
United States
19 Feb 2019
ZEROing In On Genericness: Federal Circuit Vacates Decision Finding ZERO Registrable
The Federal Circuit vacated the Trademark Trial and Appeal Board's determination that "ZERO" is not generic and has acquired distinctiveness, and remanded.
United States
13 Jul 2018
Three Stripes? NoŚNinth Circuit Rules On Evidence To Establish Irreparable Harm
In a much-anticipated ruling, the United States Court of Appeals for the Ninth Circuit modified a preliminary injunction entered against Skechers on May 10, 2018, in adidas America, Inc. v. Skechers USA, Inc.
United States
22 May 2018
How Scandalous! Federal Circuit Holds Vulgar Trademarks Are Registrable
Trademarks will no longer be refused registration on the basis that they constitute immoral or scandalous matter. On December 15, 2017, the U.S. Court of Appeals for the Federal Circuit unanimously ruled in In re Brunetti that the bar against such marks is unconstitutional because it violates the First Amendment.
United States
2 Jan 2018
Win Or Lose: Appellants Of PTO Decisions In District Court Must Pay Attorneys' Fees
On June 23, 2017, the Federal Circuit held in NantKwest v. Matal that patent applicants seeking review of a decision from the United States Patent and Trademark Office ("PTO") to the district court...
United States
5 Jul 2017
Siding With The Slants: Ban On Disparaging Marks Held Unconstitutional
The United States Supreme Court held that Section 2(a) of the Trademark Act, prohibiting registration of "disparaging" trademarks, is unconstitutional.
United States
23 Jun 2017
Decision Cheered By Some, As Supreme Court Clarifies Useful Articles Copyright Protection
The United States Supreme Court held on March 22, 2017, that designs on the surface of a cheerleading uniform were eligible for copyright protection, clarifying the test used to determine...
United States
29 Mar 2017
A First Amendment Right To Disparaging Trademarks?: U.S. Supreme Court Asked To Review Federal Circuit Decision Holding Ban On Disparaging Marks Unconstitutional
Is the Lanham Act's prohibition on the registration of disparaging trademarks invalid under the First Amendment?
United States
26 Apr 2016
Ninth Circuit Says Fair Use Must Be Considered Before Sending A DMCA Takedown Notice
It is often said that hard cases make bad law. But what can be said of odd or even "crazy" cases?
United States
16 Sep 2015
Eastern District Of Virginia Confirms Cancellation Of REDSKINS Trademark Registrations
On July 8, 2015, a Virginia federal judge upheld the decision of the Trademark Trial and Appeal Board ("TTAB") cancelling six trademark registrations incorporating REDSKINS owned by Pro-Football, Inc.
United States
13 Jul 2015
High Court Says Trademark Trial And Appeal Board Decisions Can Have Preclusive Effect
In 1996, Hargis Industries, Inc. ("Hargis") applied to register the mark SEALTITE for "self-piercing and self-drilling metal screws for use in the manufacture of metal and post-frame buildings."
United States
29 Mar 2015
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