The United States Patent and Trademark Office ("USPTO") has announced increases and adjustments of certain trademark and Trademark Trial and Appeal Board ("TTAB") official fees, effective January 2, 2021. These changes follow...more
On April 23, 2020, in Romag Fasteners, Inc. v. Fossil Group, Inc., the U.S. Supreme Court ruled that a trademark owner need not prove willful infringement to recover an award of the infringer’s profits. This unanimous...more
4/28/2020
/ § 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
In accordance with the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"), the United States Patent and Trademark Office ("USPTO") has announced extensions of the time allowed to file certain patent and...more
On Friday, October 26, 2018, the U.S. Supreme Court granted certiorari in what could be a landmark decision concerning trademark issues in bankruptcy. In Mission Product Holdings, Inc. v. Tempnology LLC, the Court will...more
11/2/2018
/ Amicus Briefs ,
Bankruptcy Code ,
Commercial Bankruptcy ,
Debtors ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
IP License ,
Licensees ,
Petition for Writ of Certiorari ,
Section 365 ,
Split of Authority ,
Trademark Licenses ,
Trademarks
The Bankruptcy Appellate Panel (“BAP”) for the First Circuit recently upheld a licensee’s rights to use a debtor’s trademarks and logo after a rejection by the debtor of the underlying licensing and distribution agreement....more
1/18/2017
/ Bankruptcy Appeals ,
Bankruptcy Appellate Panel (BAP) ,
Bankruptcy Code ,
Bankruptcy Court ,
Breach of Contract ,
Commercial Bankruptcy ,
Debtor-Creditor ,
IP License ,
Marketing Services Agreements ,
Sales & Distribution Agreements ,
Section 365 ,
Trademark Licenses ,
Trademarks