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Trademarks › Discovery

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
McDermott Will & Emery

Don’t Tread on Illinois’ Absolute Litigation Privilege

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Addressing when Illinois law’s “absolute litigation privilege” bars certain counterclaims, the US Court of Appeals for the Federal Circuit affirmed a district court’s summary judgment finding that the plaintiff lacked a valid...more

McDermott Will & Emery

District Court Subpoena Power Plays “Supporting Role” to PTO Rules

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Addressing the subpoena power of district courts to compel evidence for use in US Patent & Trademark Office (PTO) proceedings, the US Court of Appeals for the Fourth Circuit upheld a district court’s decision (albeit on...more

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

MarkIt to Market® - February 2024

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Thank you for reading the February 2024 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the advertising rights of luxury resellers and important updates to the Warner Chappell Music v. Nealy...more

Proskauer - Minding Your Business

E-cigs & E-discovery: When Marriage Cannot Save Sloppy Document Productions

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What began as a trademark infringement dispute concerning electronic cigarettes has evolved into a never-ending series of discovery issues, and lessons about the limits of Federal Rule of Evidence 502 and privilege waivers...more

Haug Partners LLP

Haug Partners Defeats Discovery Motions Before the TTAB Because Movant’s Counsel Failed to Meet and Confer in Good Faith

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On December 9, 2021, Haug Partners defeated two discovery motions brought by Environmental Manufacturing Solutions, LLC (“EMS”) against Fluid Energy Group Ltd. (“Fluid”), in an opposition proceeding before the U.S. Trademark...more

Fish & Richardson

The Basics of TTAB Oppositions

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Another person or entity has applied for a trademark at the United States Patent and Trademark Office (the “USPTO”) that is similar to your trademark. What can you do? One option is to institute an opposition with the...more

Dorsey & Whitney LLP

Beyoncé Trademark Case Provides Evidentiary Lessons Before the TTAB

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Veronica Morales, a wedding/event planner providing services under the trademark BLUE IVY, has unsuccessfully challenged a pending application for the mark BLUE IVY CARTER, filed by BGK Trademark Holdings, LLC (Beyoncé...more

Fox Rothschild LLP

Federal Circuit: TTAB’s Decision To Enter Judgment As A Discovery Sanction Was Appropriate

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On August 5, 2020, the United States Court of Appeals for the Federal Circuit affirmed the TTAB’s decision to cancel a trademark registration for the mark HOLLYWOOD BEER as a discovery sanction for the registrant’s repeated,...more

Smart & Biggar

5 reasons why Canada is an attractive jurisdiction for trademark litigation

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Brand owners looking to enforce their rights expeditiously (and inexpensively) need look no further than Canada, which offers brand owners a number of tools to obtain relief against infringers and counterfeiters in a...more

McDermott Will & Emery

Second User Vaping Company Has No Claim to “Affliction”

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The US Court of Appeals for the 10th Circuit reversed a grant of summary judgment in favor of a company selling vaping accessories under the mark AFFLICTION, holding that the district court had erred in holding as a matter of...more

Dorsey & Whitney LLP

Quirky Questions: Do All TTAB Deadlines Extend Through Weekends/Holidays? Practitioners Beware!

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Many practitioners take for granted the fact that any TTAB deadlines that fall on a Saturday, Sunday or Federal holiday are automatically extended to the following business day. As it turns out, this isn’t always the case....more

Hanzo

The Web as a Data Source: What We Can Learn From In Re Ex Parte Application of Levi Strauss & Co.

Hanzo on

The web is a rich, varied, yet essentially untapped data source. Are you making full use of it in your eDiscovery? People today live their lives in full view on the web, from social media and messaging apps to chatrooms...more

Knobbe Martens

Ethical Brand Protection in the Age of Social Media: Fair Ball or Foul?

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Presentation Goals - • WHAT - Build and maintain strong brand equity through proper trademark policing • HOW - Protect the brand via a custom enforcement strategy • CONSIDERATIONS - Promote ethical investigations in...more

Proskauer - New England IP Blog

Court Makes Motion to Dismiss in Trademark Dispute Magically Disappear

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A basic tenet of litigation is that the court must have personal jurisdiction over the parties to the case. In one recent decision, an out-of-state defendant in a trademark infringement dispute could not use a motion to...more

McDermott Will & Emery

Discovery Misconduct Can Cost More Than Just Your Case

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The US Court of Appeals for the Second Circuit rejected a sanctioned party’s position that sanctions must be proportional to either the value of the evidence uncovered by remedial measures or the ultimate value of the case,...more

Akerman LLP - Marks, Works & Secrets

Discovery Sanctions Affirmed Despite Dwarfing Potential Value of Entire Case

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In Klipsch v. ePRO, the Second Circuit affirmed discovery sanctions commensurate with the costs incurred by the moving party in addressing the sanctionable conduct ($2.68 million), as well as security for the sanctions,...more

Smart & Biggar

Streamlined Canadian trademark litigation — Court of Appeal opens door to full compensation

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A recent decision of the Federal Court of Appeal sheds light on a streamlined litigation procedure that brand owners may find attractive. In Group III International Ltd v Travelway Group International Ltd, 2017 FCA 215...more

BakerHostetler

New TTAB Rules of Practice

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On Jan. 14, 2017, the Trademark Trial and Appeal Board (TTAB) Rules of Practice were amended in what the United States Patent and Trademark Office described as an effort “to benefit the public by providing for more efficiency...more

Smart & Biggar

Canadian IP law and practice in 2016: reviewing the highlights

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As the calendar turns the page from 2016 to 2017, we take the opportunity to review Canadian IP law and practice highlights from the past year....more

McCarter & English, LLP

A Quick Look at the New Trademark Trial and Appeal Board Rules

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The Trademark Trial and Appeal Board ?TTAB? will implement new rules on January 14, 2017, that will apply to all inter partes proceedings (oppositions, cancellations, concurrent use) and ex parte appeals that are pending on,...more

Coblentz Patch Duffy & Bass

USPTO's New Trademark Trial and Appeal Board Rules Take Effect Soon

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Next month, the procedural rules governing trademark registration disputes are changing. They present new strategic considerations for brand owners protecting their trademark rights. The Trademark Trial and Appeal Board...more

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

New Year, New Rules: What to Know About the January 2017 TTAB Rule Updates

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After a lengthy proposal and commentary process, the Trademark Trial and Appeal Board ("TTAB" or the "Board") recently published its most significant Rules of Practice update in years (see 81 Fed. Reg. 69950), with the...more

Morgan Lewis

An Attempt at Efficiency: A Look at the TTAB’s Upcoming Rule Changes

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The rule changes are aimed at streamlining proceedings before the TTAB. The Trademark Trial and Appeal Board (TTAB or the Board) will implement several important rule changes as of January 14, 2017. The changes will...more

Fish & Richardson

USPTO Publishes Amendments to Trademark Rules of Practice

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On October 7, 2016, the U.S. Patent and Trademark Office (“USPTO”) published a Federal Register Notice of Final Rulemaking amending the Trademark Rules of Practice that govern practice before the Trademark Trial and Appeal...more

Dorsey & Whitney LLP

Federal Court Travels “Wayback” and Takes Judicial Notice of Internet Archive

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Trademark attorneys often must determine when a third-party used a mark in commerce and the extent and nature of such use, particularly when considering whether to take legal action against a third party for the unauthorized...more

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