Posts in Trademark


USPTO Judges, Management, Accused of Bias—This Time at the TTAB

A motion filed on Friday, October 15, with the U.S. Court of Appeals for the Federal Circuit (CAFC) requests that the appellant, Charles Bertini, be allowed to …
By Eileen McDermott
21 hours ago 1

India’s Prius Judgment and Trans-Border Reputation of Trademarks

A trademark is accorded reputation through its prolonged use and the goodwill it holds in the market where it operates. A trademark is believed to have a …
By Anjeeta Rani
3 days ago 0

New Survey Methods Address Consumer Uncertainty in Trademark Law

Decades of trademark litigation cases have relied on survey evidence that aims to assess what consumers in the marketplace subjectively believe to be true. These methods are …

Employing a Trademark Test to Determine When a Patent is ‘Directed To’ a Section 101 Judicial Exception

Under U.S. trademark law and court precedent, determining whether there is a likelihood of confusion involves weighing a number of factors (13 factors to be exact), known …
By Wayne Reinke
13 days ago 12

The CHAMPANILLO Case Suggests We Need a New Way to Assess the Unique Distinctiveness of Collective PDO/PGI Marks

Under European Union (EU) law—specifically, Article 103(2) of Regulation 1308/2013—signs that qualify as protected designations of origin (PDOs) or protected geographical indications (PGIs) are shielded against any …
By Vincenzo Vinciguerra
14 days ago 0

Third Circuit: Facebook Not Immune to Right of Publicity Claims Under IP Carve-Out of Section 230

On September 23, the U.S. Court of Appeals for the Third Circuit reversed in part a decision by the U.S. District Court for the Eastern District …
By Matthew Schutte
21 days ago 1

Third Circuit Joins Sister Courts in Ruling TTAB Decisions May Not Have Preclusive Effect

On September 17, the United States Court of Appeals for the Third Circuit issued a precedential decision that affirmed in part, reversed in part, and remanded a decision …
By Logan Murr
28 days ago 0

IPWatchdog LIVE Panelists Weigh-In on Best Practices for a Global Trademark Presence

On the Monday of IPWatchdog LIVE, a panel of trademark experts discussed “International Trademark Rights: Best Practices for a Trademark Global Presence,” moderated by vice president of …
By Nancy Braman
29 days ago 0

Third-Party Trademark Usage and Likelihood of Confusion

When examining trademark applications, the U.S. Patent and Trademark Office (USPTO) assesses whether the applied-for trademark presents a likelihood of confusion among consumers as compared to …
By Theodore Chiacchio
1 month ago 0

CAFC: TTAB Never Had a Pre-Arthrex Appointments Clause Issue

On September 1, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the Trademark Trial and Appeal Board’s (TTAB’s) cancellation of a trademark …
By Logan Murr
1 month ago 0

USPTO and Copyright Office Reports Attempt to Quantify Extent and Effect of IP Infringement by State Entities

On August 31, at the request of Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT), the United States Patent and Trademark Office (USTPO) provided a report to Congress …
By Logan Murr & Eileen McDermott
2 months ago 0

What Recent Case Law Tells Us About the Importance of Consumer Surveys in Trademark Cases

On August 3, 2021, the U.S. District Court for the Southern District of Florida ruled against plaintiff Vital Pharmaceuticals, Inc.’s claim of trade dress infringement against defendant …
By Peter Hess & Genna Liu & Hana Dai
2 months ago 1

Tenth Circuit Partially Affirms Decision Enforcing Lanham Act on Foreign Defendants Based on Extraterritorial Conduct

On August 24, the U.S. Court of Appeals for the Tenth Circuit affirmed in part, reversed in part and remanded a decision of the district court for …
By Logan Murr
2 months ago 1

Is Your Brand Protection Strategy Defamation-Proof?

Robert Willison, an Atlanta real estate investor, could not believe what he was seeing on the computer screen. A business associate had mentioned that Mr. Willison might …
By Amanda Groover Hyland
2 months ago 1

INTA Brief to CJEU Says Locally Significant Unregistered Trade Names Can Co-Exist with Later Registered National Trademarks

The International Trademark Association (INTA) last week submitted an amicus brief to the Court of Justice of the European Union (CJEU) providing its input on the topic …
By IPWatchdog
2 months ago 0