As China’s importance for brand owners continues to grow, so too does the sophistication of China’s IP application processes. Earlier this year, the China National Intellectual Property Administration (CNIPA) released a...more
Earlier this month, the Supreme Court agreed to hear an appeal that could clarify the legal landscape for U.S. brand owners seeking to enforce trademarks abroad — namely, whether brand owners may file suit in U.S. court for...more
As we wrote in January 2021, the Trademark Modernization Act of 2020 (TMA) brought significant changes to trademark law and practice. The TMA clarified the standard for brand owners seeking injunctions against infringers in...more
The Trademark Modernization Act of 2020 (TMA), enacted amid the many and wide-ranging provisions of the recently enacted COVID-19 relief package, contains significant changes to trademark law and practice. The TMA clarifies...more
For a plaintiff in a trademark infringement dispute, the central question is often, "What can I recover?" Likewise, a defendant asks the mirror question: "What is my potential exposure?"...more
4/30/2020
/ § 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
After years of angst and political uncertainty, the United Kingdom officially left the European Union on January 31, 2020, and its departure gave rise to many questions regarding the future of intellectual property rights in...more
2/25/2020
/ Copyright ,
European Patent Office ,
European Union Intellectual Property Office (EUIPO) ,
Intellectual Property Protection ,
Patent Applications ,
Patents ,
Trademark Registration ,
Trademarks ,
Transitional Arrangements ,
UK Brexit ,
UK Intellectual Property Office (UK IPO)
A new USPTO rule recently came into effect that impacts foreign applicants, registrants, and parties to proceedings before the Trademark Trial and Appeal Board (“TTAB”). The new rule requires all foreign applicants,...more
The U.S. Supreme Court’s recent decision in Mission Product Holdings Inc. v. Tempnology, LLC clarifies that a bankruptcy debtor cannot unilaterally revoke its trademark licensee’s right to use a licensed mark pursuant to a...more
6/4/2019
/ Bankruptcy Appellate Panel (BAP) ,
Bankruptcy Code ,
Breach of Contract ,
Commercial Bankruptcy ,
Debtors ,
Exclusions ,
Executory Contracts ,
IP License ,
Mission Product Holdings Inc v Tempnology LLC ,
Rescission ,
Reversal ,
SCOTUS ,
Section 365 ,
Split of Authority ,
Trademark Licenses ,
Trademarks ,
Trustees
The validity of EU trademark registrations in the UK after Brexit remains uncertain as negotiations continue. ...more
Among the things that are the most exciting about being an intellectual property practitioner working in the hospitality industry are the variety and wide breadth of legal issues that need to be addressed. We are...more
12/13/2018
/ Cybersecurity ,
Data Breach ,
Franchise Agreements ,
Hospitality Industry ,
Hotels ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Marketing ,
Personal Jurisdiction ,
Settlement Negotiations ,
Trademarks
In just a few years, vacation rental websites have exploded onto the scene, commanding a significant market presence in the hospitality industry and redefining traditional “vacation rentals.” In particular, websites like...more
As we noted in our Client Alert on December 18, 2014, President Obama has announced that he will take steps to ease regulations that have largely prevented U.S. companies from conducting business in Cuba for more than 50...more
Opposition and cancellation proceedings before the Trademark Trial and Appeal Board (TTAB) may take on additional significance after the U.S. Supreme Court’s recent decision in B&B Hardware v. Hargis Industries, No. 13-352,...more
On June 26, a National Labor Relations Board (NLRB) judge ruled that Landry’s Inc., parent of Bubba Gump Shrimp Co., did not violate federal labor laws with its policy governing employees’ use of social media. Administrative...more