In refusing registration of the color green for “chloroprene medical examination gloves,” the Federal Circuit adopted — for the first time — a legal test for genericness of color marks.
The decision underscores the high...more
5/8/2025
/ Appeals ,
Appellate Courts ,
CAFC ,
Color Marks ,
Generic Marks ,
Lanham Act ,
Trade Dress ,
Trademark Application ,
Trademark Litigation ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
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 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