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 Ninth Circuit issued two opinions in BBK Tobacco & Foods LLP v. Central Coast Agriculture, Inc. finding judicial power over pending trademark applications and an exception shielding trademark registrations for marks used...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 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
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
Suppose that you are a foreign applicant who either files a trademark application, opposition proceeding, or cancellation proceeding with the USPTO. Can this act of filing subject the foreign applicant to service of process...more
On December 18, 2021, the U.S. Patent and Trademark Office (USPTO) rules implementing the Trademark Modernization Act of 2020 (TMA) went into effect. The first major overhaul of the Lanham Act since 1998, the TMA introduced...more
I. Introduction - On December 27, 2020, the Trademark Modernization Act of 2020 (“TMA”) became law after it passed Congress and was signed by the President as part of the year-end Consolidated Appropriations Act for 2021....more
The Trademark Modernization Act (TMA) was signed into law on December 27, 2020, and the United States Patent & Trademark Office (USPTO) recently announced its final rules for implementing the TMA, the majority of which will...more
As has been the case in recent years, trademark filings in 2020 again increased over the previous year. While at first glance this may seem to indicate that the U.S. economy continues to grow and innovate, at least some of...more
On December 27, 2020, the Trademark Modernization Act of 2020 (“the Act”) became law as part of the Consolidated Appropriations Act, 2021. Among other changes, the Act includes important amendments to the Lanham Act...more
As cannabis products become legal in more and more states, commercial interest grows in protecting the trademarks associated with those products. The United States Patent and Trademark Office has maintained its refusal to...more
This trademark litigation arises out of a contentious real-estate rivalry in a very wealthy residential community called Royal Palm Yacht & Country Club in Boca Raton, Florida....more
Last month, in Matal v. Tam, the U.S. Supreme Court affirmed the Federal Circuit Court of Appeal’s decision that struck down a portion of Section 2(a) of the Lanham Act....more
Trademark owners take note: Affidavits to renew your U.S. trademark registrations may be getting a closer look. On March 21, 2017, the United States Patent and Trademark Office ("USPTO") implemented a new rule aimed at...more
Trademark and copyright law are in a constant struggle with the right of free expression guaranteed under the First Amendment of the US Constitution. This is unavoidable. Copyright laws were enacted to protect authors of...more
As we noted here last week, the Director of the USPTO filed a petition for writ of certiorari to the U.S. Supreme Court requesting that it review the Federal Circuit’s en banc decision, In re Tam. That decision held Section...more
A recent precedential Trademark Trial and Appeal Board decision provides valuable guidance on the proper allocation of trademark registration ownership as between a corporate parent and a subsidiary, highlighting the perils...more
The U.S. Court of Appeals for the Federal Circuit, en banc, has ruled that Section 2(a) of the Lanham Act precluding “disparaging” trademark registrations is unconstitutional, rejecting the argument that trademark...more
In the last several decades, the disparagement provision of § 2(a) of the Lanham Act has become a more frequent basis for rejection or cancellation of trademarks by the United States Patent and Trademark Office (USPTO) and...more
On December 22nd, 2015, the Federal Circuit Court of Appeals ruled that the section of the Lanham Act which bans registration of “disparaging” trademarks is an unconstitutional violation of First Amendment free speech. ...more