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Trademark Registration Intellectual Property Protection Fraud

Lewis Roca

New Trademark Scam

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Over the years many clients have forwarded to us scam trademark mailings. These mailings come from various official-sounding sources, all of which seek money to allegedly take action regarding the client’s trademarks....more

Moritt Hock & Hamroff LLP

Beware: Scams Targeting U.S. Trademark Applicants and Owners Are Increasingly Persuasive

One recent victim of scams preying on U.S. trademark filers and registrants answered a call that appeared to be from the United States Patent and Trademark Office (USPTO). It wasn’t. The target of the scam was forced to...more

Erise IP

What’s Trending in Trademarks, January 2024: Travis Kelce’s IP Era, Liquid Death vs. Arnold Palmer, USPTO Scams

Erise IP on

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: Travis...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - No, No, No! How to Avoid Scams and Stay Merry this Holiday Season

Especially during the holi-daze, it can be easy to let our safeguards down and fall prey to scammers looking to make a quick buck. Trademark applicants and registrants interacting with the U.S. Patent and Trademark Office...more

Ladas & Parry LLP

False Declaration of Incontestability Not Enough to Cancel US Trademark Registration

Ladas & Parry LLP on

Great Concepts has owned Registration No. 2929764 for DANTANNA’S, in association with “steak and seafood restaurant[s]”, since March 2005. In 2006 Chutter Inc’s predecessor-in-interest, Dan Tana, petitioned to cancel the mark...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit’s Determination on Whether Fraudulent Conduct in Obtaining Incontestable Status Warrants the Mark’s Cancellation

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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2023: A Limit to Cancel Culture? Federal Circuit Finds Fraud in Connection with Section 15 Declaration...

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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2023

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

McDermott Will & Emery

Here’s a Great Concept: Fraud After Registration Is Not a Basis for Cancellation

McDermott Will & Emery on

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

Bradley Arant Boult Cummings LLP

Cancellation of a Registered Mark Based on Fraud in Section 15 Affidavit Not Allowed

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

Fox Rothschild LLP

Rise in Trademark Fraud Scams Requires Additional Vigilance By Attorneys and Clients Alike

Fox Rothschild LLP on

A record number of applicants are seeking to protect their trademarks by filing applications with the United States Patent and Trademark Office (USPTO). The problem? The rise in trademark applications has left open the doors...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - February 2023: Another New Fraud Alert From the USPTO

No sooner had we gone to press on our January article on the latest and greatest in trademark scams than the United States Patent and Trademark Office (USPTO) issued a new alert raising awareness of yet another type of scam....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2021: Ignorance is NOT Bliss: Reckless Disregard for the Truth Supports a Finding of Fraud

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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2021

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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2020: Trademark Scams - No Method of Communication is Off Limits

The USPTO has been working to combat misleading and fraudulent solicitations sent to federal trademark applicants/registrants and is calling on the public to report and identify these bad actors....more

Troutman Pepper

Steps To Protect Your Brand From Trademark Hijacking During A Time Of Crisis

Troutman Pepper on

Even during a time of crisis such as the COVID-19 pandemic, criminals and other unsavory individuals continue to prey on the vulnerable and look to use technology and fraudulent schemes to generate profit....more

Hogan Lovells

USPTO warns attorneys to monitor trademark filings for fraudulent uses of attorney information

Hogan Lovells on

The U.S. Patent and Trademark Office (“USPTO”) recently issued a “Trademark Alert” and corresponding news brief warning attorneys to monitor trademark filings to ensure that their names, signatures, and contact information...more

McDermott Will & Emery

Trademark Owner’s Fate Sealed Tight After Finding of Fraud on PTO

Addressing the issue of collateral estoppel, the US Court of Appeals for the Eighth Circuit upheld a ruling dismissing a trademark owner’s second infringement lawsuit against the same defendant after a finding that the...more

BakerHostetler

Beware of Fraudulent Requests to USPTO to Change Official Trademark Registration Records

BakerHostetler on

We have been alerted by the United States Patent and Trademark Office (USPTO) of unauthorized attempts by unknown parties to amend our clients’ trademark registration records. ...more

McDermott Will & Emery

Chicken Sandwich Recipe, Name Not Eligible for Copyright Says First Circuit - Colón-Lorenzana v. South American Rest. Corp.

McDermott Will & Emery on

Neither a chicken sandwich recipe nor its name is eligible for copyright protection. Colón-Lorenzana v. South American Rest. Corp., Case No. 14-1698 (1st Cir., Aug. 21, 2015) (Howard, C.J.)....more

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