Posts in Trademark


WIPO Revises and Expands AI Policy Issues

The World Intellectual Property Organization (WIPO) has published a Revised Issue Paper on Artificial Intelligence and IP Policy. The Revised Issues Paper updates the Draft Issues Paper …
By James Nurton
4 days ago 0

Eleventh Circuit Finds ENGINEERED TAX SERVICES Mark Inherently Distinctive

On May 14, the U.S. Court of Appeals for the Eleventh Circuit reversed a decision of the U. S. District Court for the Southern District of Florida …
By Rebecca Tapscott
7 days ago 0

File Your Patents and Trademarks NOW! COVID-19 Paves the Way for Filings at the USPTO

As businesses and offices prepare to reopen, the United States Patent and Trademark Office (USPTO) shows its ongoing support for innovation and entrepreneurship during the novel coronavirus …

A Stylized Word Mark in One Country May Be Too Simple and Common in Another

A single alphabet letter mark may face a bigger challenge in some jurisdictions than others. Take the example of Prince Sports International Company Ltd.’s stylized letter "…
By Unjung Park
13 days ago 0

(Not) Copyright Infringement: Is dbrand Infringing Nintendo’s IP?

Is imitation really the highest form of flattery? Nintendo might not think so after seeing dbrand’s latest Switch skin set. The Nintendo Switch has become extremely …
By Samantha Levin
20 days ago 7

Supreme Court Reverses Second Circuit Approach to Defense Preclusion in Win for Lucky Brand

As predicted following oral arguments, the U.S. Supreme Court today ruled that Marcel Fashion Groups, Inc. cannot preclude Lucky Brand Dungarees, Inc. from raising new defenses …
By Eileen McDermott
22 days ago 0

Court Rejects Rogers Test, Introduces ‘Genuine Artistic Motive’ Test in Stouffer v. National Geographic

On May 8, the U.S. District Court for the District of Colorado granted National Geographic’s Motion to Dismiss Stouffer’s amended complaint in Stouffer v. National …
By Rebecca Tapscott
23 days ago 1

In re Forney Could Herald a Brighter Future for Color Marks

Trademarks consisting solely of a color applied to products or their packaging have been protectable under U.S. law for decades—if they meet a heightened standard …

Senator Thom Tillis: If IP Stakeholders Can’t Find Consensus, Congress Can’t Help

Senator Thom Tillis (R-NC) arguably has more pressing issues to focus on than intellectual property at the moment, as the nation scrambles to find solutions to the …
By Gene Quinn
1 month ago 61

Booking.com Oral Arguments: Will Justices’ Skepticism of USPTO Arguments Trump Monopoly Concerns?

The U.S. Supreme Court heard oral arguments in United States Patent and Trademark Office, et al., v. Booking.com B.V., (Case No. 19-46) yesterday, in …
By Rebecca Tapscott
1 month ago 0

USTR Special 301 Report and Review of Notorious Markets Highlight Continued Concerns with China

On April 29, the Office of the U.S. Trade Representative (USTR) released its 2020 Special 301 Report on Intellectual Property Protection and its 2019 Review of Notorious Markets for Counterfeiting …
By Rebecca Tapscott
1 month ago 4

From TikTok to Instagram: How to Legally Live Stream

Every day, DJs, athletes, entertainers and influencers broadcast live on Instagram, YouTube and other similar channels. Whether you are a professional entertainer or just connecting with friends …

USPTO Further Extends Certain Patent and Trademark Deadlines in Accordance with the CARES Act

On April 28, the United States Patent and Trademark Office (USPTO) issued official Patent and Trademark notices announcing that it will be further extending certain patent and trademark …
By IPWatchdog
1 month ago 0

Trademark Bar Cheers for ‘Good News in a Gloomy Time’ with High Court’s Romag Fasteners Holding

In his second foray into intellectual property law this week, Supreme Court Justice Neil Gorsuch delivered the opinion for a unanimous Court today in Romag Fasteners v. …
By Eileen McDermott
1 month ago 0

Supreme Court’s Unanimous Decision in Romag Fasteners Resolves Split on Trademark Infringers’ Profits, But Raises Questions

Circuits have long split over whether willfulness is required before a trademark infringer’s profits may be awarded. Section 1117(a) of the Lanham Act allows an award …
By Ben Wagner
1 month ago 0