Posts Tagged: trademark


Knocking out the knockoffs: IP learnings from a successful TRO and seizure

Protecting intellectual property today is more challenging than ever, and the stakes are high. An open and rapid-fire exchange of information has become the norm in our …
By Shawn Kolitch 6 days ago 0

Land O’ Lakes – No Harm, No Foul

Addressing the issue of whether a famous mark can be diluted by the identical mark of a much smaller company, the US Court of Appeals for the …
By Margaret Duncan 18 days ago 0

Re-Classification According to New EU Trade Mark Regulation

The new European Community Trade Mark Regulation, as approved by Regulation (EU) 2015/2424 of the European Parliament, entered into force on March 23, 2016. Among other amendments, the provisions of …
By Yuliia Matsiuk 28 days ago 0

Amid Cultural Debate on Political Correctness, Trademarks with Racial Overtones Look Set for Supreme Court

Two cases making their way through the Federal courts may force the Supreme Court to consider the issue of what sorts of trademarks should be considered “disparaging,” …

Federal Circuit rules willfulness a prerequisite for disgorgement of trademark infringer’s profits

The Federal Circuit affirmed. Undertaking an extensive analysis of the legislative history of Lanham Act damages, the Court attempted to explain a 1999 amendment inserting language regarding willfulness. …

Social Media and the Rise of Opportunistic #Trademark Filings

Last June, Walter Palmer, an American dentist and recreational big game hunter, shot and killed Cecil, a southwest African lion who had been the subject of a …
By Brian Focarino 2 months ago 1

Forum non conveniens not appropriate because foreign courts cannot adjudicate US infringement

Halo sued Comptoir for infringing a large number of U.S. design patents, copyrights, and one common-law trademark relating to a number of Halo’s furniture designs. …

Understanding the eBay VeRO Program

Collectors love eBay because it allows them access to items them may never otherwise be able to purchase. Bargain hunters love eBay for the ability to buy …
By Heather Antoine 2 months ago 0

Offensive Trademark Applications Suspended by USPTO Until Supremes Rule on In re Tam

In anticipation of Supreme Court review of Tam, the Commissioner has issued an informal directive to trademark examiners that any application for a mark that is potentially …
By Ronald Abrams 3 months ago 11

Pumping the Brakes on IP Infringement in the Fast Moving Consumer Goods Industry

With leading-edge, tech-savvy companies in the internet, social networking, and e-retailing space often dominating headlines nationwide, it is easy to overlook the myriad businesses competing in the …

What the passing of Justice Antonin Scalia means for SCOTUS patent jurisprudence

While Justice Scalia served on the Supreme Court for nearly three decades, his contributions to the area of intellectual property law were quite limited. Scalia did famously …
By Gene Quinn 3 months ago 17

Talking Trademarks: An Exclusive Interview with INTA’s Debbie Cohn

What follows is our wide ranging discussion, which start out with what Cohn is doing with INTA and then moves into an in depth discussion of issues …
By Gene Quinn 4 months ago 0

Statute Barring Registration of Disparaging Trademarks Upended

Tam appealed to the Trademark Trial and Appeal Board (the “Board”), but the Board affirmed the Trademark Examiner’s refusal to register the mark. The Board found …

Counterfeit Star Wars Products May Well Be Funding The Real World’s Dark Side

Counterfeiting has exploded in the last decade or so, paralleling the growth of the Internet and online sales. It’s harder for counterfeiters to get their products …
By Andrew Brodsky 5 months ago 0

The USPTO Director can legally extend filing deadlines for emergencies

In retrospect, the proper thing for Director Lee to have done would have been to declare an emergency under the powers vested in her by 35 USC 21(a). …
By Gene Quinn 5 months ago 15