News & Analysis as of

Intent-to-Use Trademark Application Lanham Act

McDermott Will & Emery

ITU Applicants Beware: Federal Courts Have Jurisdiction Over Pending Trademark Applications

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit affirmed in part a district court’s ruling in a trademark dispute, upholding its decision to invalidate trademark applications. The Ninth Circuit held that district courts have...more

Foley & Lardner LLP

The Washington TBDs: Has a Trademark Hog Muddied the Washington Football Team’s Name Change Plans?

Foley & Lardner LLP on

After decades of mounting pressure from Native American groups, fans, activists and even corporate sponsors, the NFL’s Washington Redskins recently announced that it would be changing its team name and logo after 87 years of...more

UB Greensfelder LLP

Walmart Burned by the Jury in Trademark Infringement Suit

UB Greensfelder LLP on

Earlier this month, a federal jury in North Carolina hit Walmart with a $95.5 million verdict for its willful infringement of Variety Stores, Inc.’s “BACKYARD” trademarks. The jury awarded $45.5 million as a reasonable...more

Proskauer - New England IP Blog

Pre-Sale Use of Data Storage Trademark Not Enough to Secure Priority Rights

A Massachusetts federal court recently found multiple early uses of a sought-after trademark insufficient to confer priority of rights. The dispute concerned two technology companies, Nexsan and EMC, each seeking to use the...more

Dorsey & Whitney LLP

Improper Assignment of THE EMERALD CITY Mark – Registration Cancelled in Toto

Dorsey & Whitney LLP on

Assignment of an intent-to-use trademark application can be fraught with risk. To deter “trafficking” in ITU applications, Section 10 of the Lanham Act prohibits the assignment of an ITU application before an amendment to...more

Dorsey & Whitney LLP

Katy Perry, Last Year’s Super Bowl, and a Shark with a Mark

Dorsey & Whitney LLP on

With Super Bowl 50 quickly approaching, it’s a perfect excuse to check in on one of the IP issues that made big waves at last year’s “Big Game.” You may recall that the Super Bowl halftime show last year featured Katy Perry...more

McDermott Will & Emery

Timing Is Everything—Objective Evidence of Bona Fide Intent to Use Necessary at the Time of Filing Application - M.Z. Berger & Co....

McDermott Will & Emery on

Addressing what constitutes sufficient evidence of “bona fide intent” to use a trademark in commerce, the U.S. Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB or Board) decision...more

Foley & Lardner LLP

Federal Circuit: Lack of Bona Fide Intent to Use at the Time of Filing Fatal to Trademark Application

Foley & Lardner LLP on

In a recent ruling the Federal Circuit affirmed the decision of the Trademark Trial and Appeal Board (TTAB) sustaining an opposition against a trademark application on the grounds that the applicant failed to prove that it...more

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