News & Analysis as of

Remand Dismissals Likelihood of Confusion

McDermott Will & Emery

Unbranded Brandy: COGNAC Certification Mark Matters, Even in Hip-Hop

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit vacated a ruling from the Trademark Trial & Appeal Board, disagreeing with the Board’s dismissal of Bureau National Interprofessionnel du Cognac’s opposition to a trademark...more

Knobbe Martens

Where's the Beef? Establishing Fame in Trademark Disputes

Knobbe Martens on

A decision from the Federal Circuit clarified how the USPTO should analyze evidence of fame under the fifth DuPont factor. The decision sheds light on how fashion brands can establish that their marks are famous through...more

McDermott Will & Emery

Although Dismissal Sanction Was Abuse, Complaint Fails on Nominative Fair Use

Addressing whether a district court properly dismissed a Lanham Act case as a sanction for failure to timely file an amended complaint, the US Court of Appeals for the Ninth Circuit concluded that the dismissal sanction was...more

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