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Lanham Act › United States Patent and Trademark Office › Attorney's Fees

Bradley Arant Boult Cummings LLP

Make Sure You Behave and Keep Those Hands Clean: How Deceit and Bad Table Manners Can Bite

Bradley Arant Boult Cummings LLP on

Last week in Luv n’ Care, Ltd. v. Laurain, the Federal Circuit put the lower court in time out and probably made Eazy-PZ, LLC (EZPZ) cry just a little bit harder. In this precedential decision involving U.S. Patent No....more

Miller Canfield

IP Litigation Quarterly Update

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In the second quarter of 2020, the Supreme Court decided five intellectual property focused cases in which it resolved a longstanding circuit split in Romag Fasteners and opened the door to the trademark registration of...more

Jones Day

U.S. Supreme Court: "All the Expenses" Does Not Include Attorney’s Fees - In Peter v. Nantkwest, Inc., the Supreme Court...

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The U.S. Supreme Court's recent 9-0 decision in Peter v. NantKwest, Inc., Case No. 18-801, informs strategic cost considerations in appeals challenging adverse decisions issued by the United States Patent and Trademark Office...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Issues Unanimous Ruling Denying PTO Attorneys’ Fees for Section 145 Actions

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On December 11, 2019, in Peter v. NantKwest, Inc., 589 U.S. __ (2019), the U.S. Supreme Court issued a unanimous decision holding that the U.S. Patent and Trademark Office (PTO) cannot recover the salaries of its legal...more

Dorsey & Whitney LLP

Attorneys May Be Expensive, But Are Their Fees “Expenses”?

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On March 4, 2019, the Supreme Court agreed to hear Iancu v. NantKwest, Inc., which will determine whether unsuccessful applicants before the United States Patent and Trademark Office who elect to challenge adverse decisions...more

Dorsey & Whitney LLP

TTAB Appeal Fees – Winner Does Not Take All

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We recently wrote about the decision in the federal district court for the Eastern District of Virginia, which overturned in part the Trademark Trial and Appeal Board’s decision that the mark “Booking.com” is not registrable...more

Jones Day

Win or Lose: Appellants of PTO Decisions in District Court Must Pay Attorneys' Fees

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On June 23, 2017, the Federal Circuit held in NantKwest v. Matal that patent applicants seeking review of a decision from the United States Patent and Trademark Office ("PTO") to the district court must pay the PTO's legal...more

Dorsey & Whitney LLP

Lanham Act Lesson: Dropbox Drop Kicks Opponent and Scores Attorneys’ Fees Award

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As the sun set on 2016, the 9th Circuit Court of Appeals in Sunearth, Inc. v. Sun Earth Solar Power, Co. embraced a new standard for awarding attorneys’ fees in Lanham Act cases. Adopting the U.S. Supreme Court’s rationale...more

Manatt, Phelps & Phillips, LLP

Intellectual Property Law - July 2016

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Supreme Court: Status Quo in Cuozzo - Why it matters: On June 20, 2016, the Supreme Court decided Cuozzo Speed Technologies v. Lee, where it rejected challenges to the Patent Trial and Appeal Board (PTAB) inter partes...more

Proskauer Rose LLP

Appealing a Trademark Registration Refusal? Win or Lose, You May Have to Pay the USPTO’s Legal Fees

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The federal Trademark Act (the Lanham Act) instructs that if an unsuccessful trademark applicant appeals a refusal to register in federal district court, the applicant must name the Director of the U.S. Patent & Trademark...more

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