The decision expands the availability of trademark protection for domain names and limits the number of terms deemed unprotectable because they are generic.
Key Points:
..The addition of the .com top-level domain to an...more
7/29/2020
/ Acquired Distinctiveness ,
Appeals ,
Booking.com ,
Domain Name Registration ,
Domain Names ,
Generic Marks ,
Lanham Act ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO
Decision clarifies prior conflicting authority and holds that willfulness is not a prerequisite to recovering an infringer’s profits.
Key Points:
..A finding of willfulness is not a prerequisite to a disgorgement of...more
5/6/2020
/ § 1125(a) ,
§ 1125(c) ,
Appeals ,
Burden of Proof ,
Charge-Filing Preconditions ,
Compensatory Awards ,
Dilution ,
Lanham Act ,
Lost Profits ,
Remand ,
Remedies ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated ,
Willful Infringement
Federal Circuit finds that barring the registration of disparaging trademarks is unconstitutional, creating potential running room for the Washington Redskins.
An appeal of the 2014 decision to cancel the REDSKINS...more
The United States Supreme Court settles circuit split, ruling that juries determine if a party’s revisions to a trademark impart the same commercial impression to consumers.
Trademark owners often update their marks...more
As OHIM announces three primary changes to the treatment of trademarks in color, trademark owners should review their marks to ensure adequate protection.
The Office for Harmonization in the Internal Market (OHIM),...more
Federal judge requires parties challenging decisions of the Trademark Trial and Appeal Board to pay the government’s attorney’s fees
In a matter of first impression, a Virginia District Court recently ruled that the...more
China’s significantly revised trademark laws streamline the application process, provide greater protection for well-known marks, and impose harsher penalties on infringers.
China has long been criticized for lax...more
Jennifer Barry, a San Diego-based litigation partner, shares best practices for lawyers on confronting trademark infringement and counterfeiting threats by users of social media networking sites....more