Kilpatrick partner Ted Davis spoke recently at the American Intellectual Property Law Association’s Spring Meeting and at the International Trademark Association’s annual meeting on recent developments in United States...more
In Vidal v. Elster, the Supreme Court addressed the constitutionality of Section 2(c) of the Lanham Act, which prohibits the registration as a trademark or service mark of any “name, portrait, or signature identifying a...more
Kilpatrick partner Ted Davis spoke recently at the American Intellectual Property Law Association’s spring meeting and at the International Trademark Association’s annual meeting on recent developments in United States...more
Kilpatrick partner Ted Davis recently presented his “Annual Review of Key Trademark & Unfair Competition Opinions” at the firm’s 2024 Advanced Trademark Law Seminar in New York.
Key takeaways from the presentation...more
During the New York State Bar Association IP Section Annual Meeting on January 17, 2024, Kilpatrick’s Tony Glosson spearheaded the “Cybersecurity/Data Privacy” panel with fellow speaker Sharfy Salek of LexisNexis® Risk...more
Kilpatrick partner Ted Davis spoke recently at the New York State Bar Association IP Section Annual Meeting on recent developments in United States trademark and unfair competition law.
The following are highlights from...more
Kilpatrick partner Ted Davis spoke recently at the annual meeting of the Intellectual Property Institute of Canada concerning recent trademark decisions of the Supreme Court of the United States....more
Kilpatrick Townsend partner Ted Davis spoke recently at the annual meeting of the Intellectual Property Institute of Canada concerning recent trademark decisions of the Supreme Court of the United States.
...more
In Great Concepts Management Group v. Chutter, Inc., the Federal Circuit entertained an appeal from the Trademark Trial and Appeal Board’s cancellation of a federal registration based on the registrant’s filing of an...more
I. Introduction -
In Abitron Austria GmbH v. Hetronic Int’l, Inc., the Supreme Court adopted a restrictive rule governing extraterritorial applications of the federal Lanham Act. In doing so, the Court rejected the...more
I. Introduction -
The test for trademark and service mark infringement first set forth in Rogers v. Grimaldi, has played an increasingly significant role in challenges to the titles and contents of creative works since...more
6/16/2023
/ Dilution ,
First Amendment ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
Rogers Test ,
SCOTUS ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
Kilpatrick Townsend's Ted Davis recently spoke at the Federal Bar Association's IP Law Fall Conference 2022 on the topic of "Petitions for Expungement or Reexamination and Other Aspects of the Trademark Modernization Act."...more
Kilpatrick Townsend’s Ted Davis recently spoke at the Federal Bar Association’s IP Law Fall Conference 2022 on the topic of “Petitions for Expungement or Reexamination and Other Aspects of the Trademark Modernization Act.”...more
Kilpatrick Townsend Partner Ted Davis recently spoke at the New York Intellectual Property Association. He discussed "Combatting Misrepresentations in the Trademark Prosecution and Maintenance" during the Hot Topics in...more
Kilpatrick Townsend’s Ted Davis recently spoke at the New York Intellectual Property Association at its “Hot Topics in Trademark and Copyright Law” seminar. Mr. Davis presented on “Combating Misrepresentations in Trademark...more
Kilpatrick Townsend’s Ted Davis recently presented his “Annual Review of U.S. Federal Case Law and TTAB Developments” at the International Trademark Association (INTA) annual meeting. Mr. Davis provided a concise analysis of...more
Kilpatrick Townsend’s Ted Davis and Rita Weeks recently presented on the topic of “Combating Misrepresentations in Trademark Prosecution and Maintenance: The Trademark Modernization Act and Beyond.” The Trademark...more
The Trademark Modernization Act, many aspects of which went into effect December 27, 2021, implemented numerous changes to United States trademark practice, including codification of letters of protest, changes to the...more
2/24/2022
/ Best Practices ,
Continuing Legal Education ,
Ex Partes Reexamination ,
Irreparable Harm ,
Misrepresentation ,
Reckless Disregard ,
Sanctions ,
Trademark Application ,
Trademark Litigation ,
Trademark Modernization Act (TMA) ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO ,
Webinars
I. Introduction -
On December 27, 2020, the Trademark Modernization Act of 2020 (“TMA”) became law after it passed Congress and was signed by the President as part of the year-end Consolidated Appropriations Act for 2021....more
1/12/2022
/ Ex Partes Reexamination ,
Expungement ,
Intellectual Property Protection ,
Lanham Act ,
Trademark Application ,
Trademark Cancellation ,
Trademark Modernization Act (TMA) ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
At the recent Kilpatrick Townsend annual Trademark Seminar, Ted Davis discussed recent Supreme Court activity in cases bearing on trademark rights, including the Court’s opinions on the availability of accountings of...more
Kilpatrick Townsend partner Ted Davis and senior counsel Chris Bussert recently presented an audio seminar for West/Thomson Reuters. The title of the seminar was The Trademark Modernization Act of 2020: What Practitioners...more
Introduction -
On December 27, 2020, the Trademark Modernization Act of 2020 (“TMA”) became law after it passed Congress and was signed by the President as part of the year-end Consolidated Appropriations Act for 2021.1 The...more
At the recent INTA 2020 Annual Meeting, Kilpatrick Townsend’s Ted Davis delivered an analysis of major decisions rendered by the U.S. courts and the Trademark Trial and Appeal Board (TTAB) over the past 12 months.
Key...more
On June 30, 2020, the U.S. Supreme Court affirmed the potential registrability in the U.S. Patent and Trademark Office (“PTO”) of a claimed trademark or service mark consisting of a generic word and a generic top-level domain...more
7/23/2020
/ Acquired Distinctiveness ,
Appeals ,
Booking.com ,
Domain Name Registration ,
Domain Names ,
Generic Marks ,
Lanham Act ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO
On April 10, 2020, 3M Company, a well-known manufacturer of scientific and medical products, became one of the first companies to file a lawsuit alleging trademark infringement, likely dilution, and false advertising arising...more