News & Analysis as of

Today's Popular Updates › Lanham Act › United States Patent and Trademark Office

A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +
A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous thirty days. less -
Whiteford

Understanding the Basics: What are Trademarks and Service Marks?

Whiteford on

In the realm of professional associations, establishing a strong and recognizable brand is crucial. Trademarks and service marks are essential tools that not only protect your association's brand but also enhance its...more

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

Cadwalader, Wickersham & Taft LLP

Intellectual Property Law: Looking Forward to 2023

Cadwalader, Wickersham & Taft LLP on

With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of...more

Dorsey & Whitney LLP

First a Meme, Then a Cryptocurrency, and Now an $80 Billion Brand? Dogecoin Continues Its Rollercoaster Journey into the USPTO.

Dorsey & Whitney LLP on

What first started as a meme featuring a fluffy dog with poor grammar has now resulted in a trademark fight over the ownership of an estimated $80 billion brand. If the progression of this Internet sensation has left your...more

McDermott Will & Emery

IP Implications of the Consolidated Appropriations Act, 2021

McDermott Will & Emery on

On December 27, 2020, Congress signed the Consolidated Appropriations Act, 2021, into law. The omnibus act includes new legislation affecting patent, copyright and trademark law. A brief summary of key provisions is provided...more

Foley Hoag LLP - Making Your Mark

Booking.whocares: SCOTUS Issues a Headline-Making Trademark Decision… But Does It Really Matter?

Foley Hoag LLP - Making Your Mark on

On June 30, amidst the traditional flurry of end-of-term opinions, the Supreme Court issued its decision in the first case to have been argued before it via teleconference, United States Patent and Trademark Office et al. v....more

Foster Garvey PC

OTA & Travel Distribution Update: Radisson partners with Hotelbeds; Expedia offers more details on its partner recovery program

Foster Garvey PC on

Perhaps it was Canada Day or the Fourth of July holiday weekend, but last week was relatively quiet in the distribution world. Enjoy....more

Polsinelli

Booking.Com Secures Key Trademark Win From Supreme Court – Internet Domain Name Marks Aren’t Always Generic

Polsinelli on

In the ruling handed down this week in United States Patent and Trademark Office v. Booking.com B.V., No. 19-46, the United States Supreme Court voted 8-1 to affirm lower court rulings holding the trademark applications for...more

Stinson LLP

Supreme Court Holds “Generic.com” Marks are Not Per Se Generic

Stinson LLP on

In an 8-1 decision issued Tuesday, the Supreme Court declined to adopt the per se rule urged by the U.S. Patent and Trademark Office (USPTO) that when a generic term is combined with a domain name like “.com,” the resulting...more

Jaburg Wilk

Why Register My Trademark? The Benefits of Trademark Registration

Jaburg Wilk on

A trademark is a word, name, or symbol used to identify and distinguish a seller’s product from those of others. A trademark is part of a company’s brand. It is the embodiment of the company’s reputation. Over time, a...more

Fish & Richardson

First Amendment 2 – Lanham Act 0: Federal Circuit Holds Lanham Act Prohibition on Immoral and Scandalous Marks Is Unconstitutional...

Fish & Richardson on

In the wake of the In re Tam decision by the U.S. Supreme Court, on December 15, 2017, the Federal Circuit held that the Lanham Act Section 2(a) prohibition on the registration of immoral and scandalous marks is a...more

Fox Rothschild LLP

Are Offensive Trademark Registrations On The Rise?

Fox Rothschild LLP on

In direct response to the U.S. Supreme Court’s decision striking down the constitutionality of section 2(a) of the Lanham Act, which as enacted barred the registration of disparaging trademarks, there is reason to believe...more

Jones Day

Siding with The Slants: Ban on Disparaging Marks Held Unconstitutional

Jones Day on

Asian rock band The Slants is no longer "The Band Who Must Not Be Named," as they titled their most recent album. On June 19, 2017, the United States Supreme Court decided Matal v. Tam, striking a provision of the Lanham Act,...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2017

Fenwick & West LLP on

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

Foley Hoag LLP - Making Your Mark

A Tale Of Two Hats: Trademark “Use In Commerce” Expanded In A Potentially Game-Changing Decision

Foley Hoag LLP - Making Your Mark on

Our readers no doubt understand that trademark use is the basis for trademark protection in the U.S. But all use is not created equal, and sometimes it’s not so easy to tell whether a trademark is actually used in a manner...more

Knobbe Martens

More Than Zero: Under the Lanham Act, One Interstate Sale Qualifies as Actual Use of a Trademark in Commerce

Knobbe Martens on

In 2009, the U.S. Patent and Trademark Office rejected shoe manufacturer Adidas’s application to trademark the phrase “ADIZERO,” due to a likelihood of confusion with an existing mark: “ADD A ZERO,” a clothing trademark held...more

K&L Gates LLP

Trademark Law Update: SCOTUS to Decide Whether Ban on Registering “Disparaging Marks” Is Unconstitutional

K&L Gates LLP on

Under section 2(a) of the Lanham Act, the Patent and Trademark Office (USPTO) may refuse to register any trademark that “[c]onsists of . . . matter which may disparage or falsely suggest a connection with persons, living or...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

What's Happening with the Redskins Case?

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

For the past few years, the first question us trademark lawyers get asked at cocktail parties is, “What’s going to happen to the REDSKINS trademark?” – and now lawyers and football enthusiasts will have to wait until at least...more

Akerman LLP

Nominative Fair Use: The Second Circuit Joins Neither The Third Nor Ninth Circuits In Its Approach

Akerman LLP on

In an important decision delineating the boundaries of fair use of another person’s trademark, the Second Circuit announced a standard by which nominative fair use of a trademark will be evaluated in that Circuit in...more

Tucker Arensberg, P.C.

USPTO To Suspend New Trademark Applications Containing Scandalous Or Disparaging Material

Tucker Arensberg, P.C. on

On March 10, 2016, The United States Patent and Trademark Office (“USPTO”) issued new examination guidance for trademark applications containing potentially immoral or scandalous matter, which is expressly prohibited by...more

Foley Hoag LLP - Trademark, Copyright &...

Trademark Red Tape: Disparaging Marks And TTAB Tidbits

Foley Hoag LLP - Trademark, Copyright &... on

Welcome to Trademark Red Tape, our periodic round-up of trademark news and happenings at the United States Patent & Trademark Office. Here are the highlights: - A Time-Out for Offensive Trademarks. According to IP...more

Ladas & Parry LLP

Acquired Distinctiveness of Trademarks in the United States

Ladas & Parry LLP on

Business enterprises often prefer to adopt trademarks that describe the company’s goods or services because they require less of an investment to develop the brand and educate the target consumer. This is in contrast to...more

Mintz - Trademark & Copyright Viewpoints

A Scandalous Mark to Some, Free Speech to Others: Federal Circuit to Decide Whether Controversial Limit on Trademark Registrations...

Mintz - Trademark & Copyright Viewpoints on

The Federal Circuit has decided to revisit the constitutionality of Section 2(a) of the Lanham Act in the case of In re Shiao Tam, 2015 U.S. App. LEXIS 6840 (Fed. Cir. Apr. 27, 2015). Section 2(a) of the Lanham act allows the...more

McNees Wallace & Nurick LLC

Intellectual Property 2014 Year in Review

McNees Wallace & Nurick LLC on

The year 2014 saw some important developments in the area of intellectual property law. A number of intellectual property-related issues even made national headlines. Who can forget the public debate over the rightful...more

24 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide