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Trademark Cancellation Intellectual Property Litigation Appeals

McDermott Will & Emery

Pink Is Not the New Black: See Functionality Doctrine

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a Trademark Trial & Appeal Board decision canceling trademarks for the color pink for ceramic hip components, stating that substantial evidence supported the Board’s...more

McDermott Will & Emery

Sour Grapes: Winery Minority Ownership Insufficient for Statutory Standing at Trademark Board

The US Court of Appeals for the Federal Circuit affirmed the dismissal of a petition seeking to cancel the registered marks of two wineries, finding the petitioner (a trust owning an interest in a competitor winery) lacked...more

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