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Trademark Registration › Defense Strategies

Dorsey & Whitney LLP

Whataburger v. What-A-Burger #13 - A battle for trademark rights in North Carolina, and potential defenses for junior trademark...

Dorsey & Whitney LLP on

Whataburger has once again found itself in the news over a lawsuit it filed over naming rights against a long-standing East Coast burger establishment for its purported infringement of the WHATABURGER trademark....more

Knobbe Martens

The Battle of Brooklyn: Lack of Concrete Injury and Prior Collaboration Doom TTAB Actions

Knobbe Martens on

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

Dorsey & Whitney LLP

Dropbox Gets “Thru” on Summary Judgment With Successful Laches Defense

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“The Ninth Circuit has stated that laches is seldom susceptible of resolution by summary judgment,” but the federal district court for the Northern District of California recently held just that in Dropbox Inc. v. Thru Inc. ...more

Genova Burns LLC

Bakery's Apple Pie Design is Functional and Inelgible for Trademark Protection, Third Circuit Affirms

Genova Burns LLC on

The Third Circuit Court of Appeals affirmed a district court’s determination that the key element of a gourmet bakery’s registered pastry design was functional, and therefore ineligible for trademark protection, in Sweet...more

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