For years, the federal courts of appeals have been split on an issue of critical importance to litigants under the Lanham Act, namely, whether a prevailing plaintiff seeking an accounting of the defendant’s profits under...more
4/24/2020
/ § 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
Kilpatrick Townsend partner Ted Davis recently presented his “Annual Review of Key Trademark & Unfair Competition Opinions” at the firm’s 2019 Advanced Trademark Law Seminar in San Francisco.
Key takeaways from the...more
The USPTO has announced a new rule, effective August 3, 2019, which will require all trademark applicants, registrants, and parties to a Trademark Trial and Appeal Board Proceeding (collectively “claimants”) who are not...more
Section 35 of the Lanham Act affords a prevailing plaintiff the opportunity to recover several types of monetary relief. These include awards of the plaintiff’s own actual damages, statutory damages, the possibility of...more
At the 2019 Atlanta Kilpatrick Townsend Intellectual Property Seminar (KTIPS), Ted Davis and co-presenter
Maria Baratta discussed recent trademark prosecution and case law updates.
...more
Kilpatrick Townsend Partner Ted Davis will discuss important trademark cases from the trailing 12 months that affect the retail and consumer goods industry, including ideas on how in-house counsel can manage the changes...more
On January 4, 2019, the U.S. Supreme Court granted a petition for certiorari filed by the U.S. Patent and Trademark office in Iancu v. Brunetti. The USPTO seeks to overturn the Federal Circuit’s ruling that the prohibition on...more
1/10/2019
/ Certiorari ,
Disparagement ,
First Amendment ,
Free Speech ,
Iancu v. Brunetti ,
Lanham Act ,
Scandalous/Immoral Marks ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
USPTO
In Matal v. Tam, the Supreme Court held that a portion of Section 2(a) of the Lanham Act prohibiting the federal registration of potentially disparaging trademarks and service marks violated the Free Speech Clause of the...more
6/21/2017
/ Disparagement ,
First Amendment ,
Free Speech ,
Lanham Act ,
Matal v Tam ,
Music Industry ,
SCOTUS ,
The Slants ,
Trademark Registration ,
Trademarks ,
USPTO
CASE SUMMARY -
Every trademark lawyer knows that between the fifth and sixth year after registration the trademark owner must file an affidavit of use. If the mark has been in continuous use, the owner may also file an...more