To plead, or not to plead. That is a question trademark infringement plaintiffs will need to carefully consider with their legal counsel when deciding which parties to name as defendants in a lawsuit and which legal arguments...more
3/3/2025
/ Appeals ,
Business Litigation ,
Corporate Governance ,
Dewberry Group Inc v Dewberry Engineers Inc ,
Disgorgement ,
Lanham Act ,
Liability ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
The Fourth Circuit recently held that the U.S. District Court for the Eastern District of Virginia erred in its analysis of a defendant’s laches defense against an unfair competition claim under Section 43(a) of the Lanham...more
In 2014, Farmacy Beauty, a New Jersey limited liability company, began to develop a line of skin care products. In 2015, Farmacy began selling its EYE DEW eye cream product after being informed by a copywriter that EYE DEW...more
The DC Circuit recently affirmed dismissal of IMAPizza’s copyright and trademark infringement lawsuit against At Pizza, Ltd.
Background -
IMAPizza, LLC is the operator of the US “&pizza” restaurant chain with locations...more
The United States Trademark Trial and Appeal Board (TTAB) recently affirmed a refusal to register a trademark for “hemp oil extracts” when used as an ingredient in dietary supplements, finding that the applicant could not...more
The loser of a trademark opposition or cancellation proceeding at the United States Trademark Trial and Appeal Board (TTAB) has two avenues for appealing the decision: (1) to the United States Court of Appeals for the Federal...more
11/7/2019
/ Appeals ,
First Impression ,
Forum Selection ,
Generic ,
Remand ,
Sua Sponte ,
Subject Matter Jurisdiction ,
Supplemental Register ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
The United States Trademark Trial and Appeal Board (TTAB) recently refused registration to two trademark applications for cannabis and marijuana vaporizers, finding no bona fide intent to lawfully use the marks in commerce...more
8/26/2019
/ Cannabis Products ,
Controlled Substances Act ,
Drug Paraphernalia ,
Farm Bill ,
Intent-to-Use ,
Marijuana ,
Trademark Application ,
Trademark Manual of Examining Procedure (TMEP) ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO