Posts in Trademark

What’s New with the Changes to the Trademark Trial and Appeal Board Rules of Practice

The Trademark Trial and Appeal Board (TTAB or the Board) Rules of Practice will change on January 14, 2017. The new rules will be applicable to all inter partes (…
By Eric Ball & Emily Gische
1 day ago 0

Lex Machina releases data on design patent litigation showing strong correlation with trademark infringement actions

There has not been a single quarter in which more than 82 lawsuits involving allegations of infringing at least one design patent have been filed in U.S. …
By Steve Brachmann
2 days ago 0

Plain confectionery packaging a heavy-handed response to health concerns

Legislating for tobacco-style plain packages for confectionery is a disproportionate response to the obesity crisis and strips companies of valuable trademarks, writes the Institute of Economic Affairs' …
By Christopher Snowdon
10 days ago 5

Lex Machina IP litigation report for Q3 2016 reflects a downward trend in patent, trademark suits

The report indicates that IP litigation in U.S. district courts is declining across the board. During 2016’s third quarter, U.S. district courts received a total …
By Steve Brachmann
10 days ago 0

Trademarks: A basic primer on trademarks and trademark law

Trademarks differ from copyrights, which protect original artistic or literary works, and patents, which protect inventions. A trademark primarily protects names, logos or symbols that identify a …
By Gene Quinn
12 days ago 0

TTAB Agrees with Parents Everywhere: Children do not hold the Control—Noble House v. Floorco

Subsidiaries of larger companies who are preparing to file a trademark application may want to think twice before deciding who to list as the Applicant. In April 2016, …
By Emily Scheible
14 days ago 0

2d Cir. denies most recent appeal on trademark infringement case targeting Oprah’s “O” magazine

The cover of the October 2010 edition of O prominently features the words “Own Your Power” superimposed over a picture of Oprah. The use of this phrase sparked …
By Steve Brachmann
16 days ago 0

California passes state law prohibiting state park concessionaires from owning trademarks

The California state law states that state park concession contracts are prohibited from providing a contracting party with trademark or service mark interests for names associated with …
By Steve Brachmann
20 days ago 0

Supreme Court to decide if disparagement provision in the Lanham Act is invalid under the First Amendment?

Based on the question presented in Lee v. Tam, the Supreme Court made clear that its grant of review is only as to the disparagement provision in …
By Eric Ball & Moira Lion
23 days ago 0

Arch-conservative political pundit obtains “Media Malpractice” trademark

William J. Kelly and his television production company RevDigital had secured the trademark rights to “media malpractice.” U.S. Trademark Registration No. 5027942 was issued as a standard …
By Steve Brachmann
25 days ago 0

Supreme Court to Consider “Disparaging” Trademarks

The U.S. Supreme Court agreed yesterday to review a Federal Circuit ruling that held unconstitutional a law prohibiting registration of trademarks that “may disparage” people or …

SCOTUS takes case on disparaging trademark case involving Asian-American band The Slants

The USPTO, through its Trademark Trial and Appeal Board (TTAB), denied a standard character mark for “The Slants” to be used with live music performance entertainment on …
By Steve Brachmann
25 days ago 6

Realistic representation of a product: Grounds for refusal of trademark registration – Ukraine vs European Union

The distinctive character is one of the universally accepted criteria for registration of a sign as a trademark. This criterion is derived from the main function of …
By Yuliia Matsiuk
26 days ago 1

Cubs, MLB seek ex parte seizure of counterfeit merchandise sold outside Wrigley Field

There are a large number of trademarks owned both by the Cubs and by MLB which are being infringed upon, according to the suit. The Cubs want …
By Steve Brachmann
29 days ago 0

Las Vegas NHL team files trademark applications for Silver Knights, Desert Knights and Golden Knights nicknames

A series of 12 trademark applications filed by Black Knight Sports and Entertainment, LLC, the consortium which owns the new NHL franchise, with the U.S. Patent and …
By Steve Brachmann
1 month ago 0