(Podcast) The Briefing: The Fall of SUPER HERO – When Trademarks Become Generic
The Briefing: The Fall of SUPER HERO – When Trademarks Become Generic
The Briefing by the IP Law Blog: NBA Star Luka Doncic Goes Hard in the Paint and Seeks to Cancel Mom’s Trademark (Part 2)
The Briefing by the IP Law Blog: NBA Star Luka Doncic Goes Hard in the Paint and Seeks to Cancel Mom’s Trademark (Part 1)
Podcast: The Briefing by the IP Law Blog - NBA Star Luka Doncic Goes Hard in the Paint and Seeks to Cancel Mom’s Trademark (Part 1)
Podcast: The Briefing by the IP Law Blog - Prince Estate Wants Winery's 'Purple Rain' Trademark Back in the Bottle
The Briefing by the IP Law Blog: Prince Estate Wants Winery's 'Purple Rain' Trademark Back in the Bottle
Podcast: The Briefing by the IP Law Blog - NCAA Erects Challenge to ‘Vasectomy Mayhem’ Trademark
The Briefing by the IP Law Blog: NCAA Erects Challenge to ‘Vasectomy Mayhem’ Trademark
The Briefing by the IP Law Blog: SPIN Trademark Has Peloton Wrapped Around the Axel
The Commissioner for Trademarks recently issued a precedential decision terminating a reexamination proceeding for the registrant’s failure to respond within a statutory time period, where there was insufficient justification...more
As the Kansas City Chiefs prepare to face the Philadelphia Eagles in Super Bowl LIX, they aren’t just battling for another championship—they’re chasing history. A win would cement their place in the record books as the first...more
The Registrar of Trademarks (Registrar) can now request that owners of trademarks registered with the Canadian Intellectual Property Office (CIPO) submit proof of use of certain trademarks or face expungement of those marks...more
The U.S. Patent and Trademark Office (USPTO) has canceled long-standing trademark registrations for “Super Hero” and “Super Heroes,” which had been previously jointly owned by Marvel and DC Comics....more
In MHCS v Les Grands Chais De France (Cancellation No 92075021, 8 March 2024), the Trademark Trial and Appeal Board (TTAB) has granted a petition for cancellation brought by viticulture giant MHCS against a mark owned by the...more
Addressing errors in the Trademark Trial & Appeal Board’s likelihood of confusion analysis in a cancellation action, the US Court of Appeals for the Federal Circuit vacated and remanded, holding that the Board erred by...more
Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Fruity...more
In Great Concepts, the court addressed whether Section 14 of the Lanham Act, which permits cancellation of a mark’s registration if “its registration was obtained fraudulently,” permits cancellation due to the owner’s filing...more
In Great Concepts, LLC, v. Chutter, Inc., the Federal Circuit decided on whether the Trademark Trial and Appeal Board can cancel a trademark based on the inclusion of false statements in a declaration to obtain an...more
The Federal Circuit recently released an eye-catching opinion in Great Concepts, LLC v. Chutter, Inc., — F. 4th –, Case No. 2022-1212, 2023 WL 6854647 (Fed. Cir. Oct. 18, 2023). The panel of three judges held, in a...more
In 2021, the Trademark Trial and Appeal Board cancelled Great Concepts, LLC’s trademark registration for the mark DANTANNA’S for restaurant services under Section 14, after finding that counsel for the Registrant committed...more
Thank you for reading the October 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the Federal Circuit’s recent case considering the scope of the USPTO’s authority to cancel registrations...more
In a split panel decision, the US Court of Appeals for the Federal Circuit overturned the Trademark Trial & Appeal Board and ruled that a fraudulent declaration under Section 15 of the Lanham Act is not a basis for...more
On Wednesday, a divided panel of the Federal Circuit issued a precedential decision reversing the USPTO’s cancellation of a registered trademark (Great Concepts, LLC v. Chutter, Inc., No. 2022-1212). As detailed in the...more
In what may be the longest running trademark dispute in the United States, the U.S. Trademark Trial and Appeal Board (“TTAB”) in December 2022 ordered the cancellation of the COHIBA and COHIBA (stylized) registrations owned...more
This spring, join our Smart & Biggar trademark experts and gain new insights at our popular Canadian Trademarks webinar series. Each webinar provides practical tips and strategies for global brand protection in Canada, with a...more
Hitherto, if cancellation or invalidation proceedings were brought against the United Kingdom designation of an International design or trademark where no representative had been appointed in the United Kingdom, the owner...more
Video gaming is an enormous industry, currently bigger than the movie and music industries combined, and only continues to grow. Two billion people—a quarter of the world’s population—play video games. Gaming generated $155...more
The trademark "MALLE" remains cancelled. The EUIPO`s Board of Appeal had upheld a corresponding decision of the Cancellation Division in December 2020. This decision was now also confirmed by the (European) General Court...more
Die Marke „MALLE“ bleibt gelöscht. Die Beschwerdekammer des EUIPO hatte im Dezember 2020 eine entsprechende Entscheidung der Löschungsabteilung aufrechterhalten. Diese Entscheidung wurde nun auch durch das EuG bestätigt,...more
The German Federal Court of Justice recently published a decision (Case No. I ZB 16/20) clarifying that trademark owners bear the burden of proof for public recognition of a trademark within the affected trade circles in...more
Markeninhaber tragen sowohl im Anmelde- als auch im Löschungsverfahren die Feststellungslast für die Verkehrsdurchsetzung einer Marke. Der Inhaber einer Marke sei am besten in der Lage, Beweis dafür zu erbringen, dass sich...more
BROOKLYN BREWERY CORPORATION V. BROOKLYN BREW SHOP, LLC - Before Judges Dyk, O’Malley, and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary: A challenger must demonstrate an injury in fact to have...more
In a recent precedential TTAB case, Chutter, Inc. v. Great Management Group, LLC and Chutter, Inc. v. Great Concepts, LLC, 21 USPQ2d 1001 (TTAB 2021), the Trademark Trial and Appeal Board found that reckless disregard for the...more
The October 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a precedential TTAB decision regarding fraud; the DEA's proposal to increase production quotas for several schedule I controlled substances,...more