Posts in Trademark


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
2 months 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
2 months 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
2 months 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
2 months ago 0

CAFC Affirms TTAB Decision Finding Likelihood of Confusion Between STRATUS and STRATA Marks

The U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the Trademark Trial and Appeal Board (TTAB) that denied registration of Stratus …
By Rebecca Tapscott
2 months ago 0

3M Targets N95 Respirator Company’s Alleged Price-Gouging Scheme via Trademark Infringement Suit

On April 10, multinational corporation 3M filed a lawsuit alleging trademark infringement claims  against N95 respirator distributor Performance Supply, LLC, in the Southern District of New York. Central …
By Steve Brachmann
3 months ago 0

International Trademark Registration: Nine Lessons Learned from Harry and Meghan

One of a company’s most valuable assets is its trademark – its name, logo, color or slogan. A trademark or service mark establishes your company as the …

EU Court Says Amazon Not Liable for Unwitting Third-Party Trademark Infringement

On April 2, the Court of Justice of the European Union (CJEU) issued a ruling absolving e-commerce giant Amazon.com of trademark infringement allegations brought by a German …
By Steve Brachmann
3 months ago 0

TTAB Finds Standing for AT&T Mobility to Oppose Registration of CINGULAR

The Trademark Trial and Appeal Board (TTAB) has recently issued a decision allowing an opposition proceeding to continue after finding that opposer AT&T Mobility had standing …
By Steve Brachmann
3 months ago 0

Bad Spaniels Make Bad Law: Ninth Circuit Says Dog Toy is an Expressive Work Entitled to First Amendment Protection

The U.S. Court of Appeals for the Ninth Circuit held that a squeaking dog toy resembling a bottle of Jack Daniel’s whiskey is an expressive …
By Jared Kagan
3 months ago 2

USPTO Urges Supreme Court to Reverse in Now-Delayed Booking.com Case

On March 13, the United States Patent and Trademark Office (USPTO) filed a reply brief urging the Supreme Court on to reverse a judgment of the U.S. …
By IPWatchdog
3 months ago 7

Stopping Cyber-Fakes: A Guide to the SHOP SAFE Act 2020

Online shopping has become a huge part of our everyday lives. In fact, 15% of all 2020 retail sales are projected to take place online. Unfortunately, despite their convenience, …
By Brett Heavner
3 months ago 0

UPDATED: Global IP Offices Respond to COVID-19

We live in interesting times. No corner of professional or personal life seems untouched in at least some way by the latest coronavirus (named SARS-CoV-2) and the …
By Gene Quinn
4 months ago 1

Trademark Modernization Act Would Restore Presumption of Irreparable Harm in Trademark Cases

Senators Thom Tillis (R-NC) and Chris Coons (D-DE) and Representatives Hank Johnson (D-GA), Doug Collins (R-GA), Martha Roby (R-AL) and Jerry Nadler (D-NY) yesterday introduced legislation to …
By Eileen McDermott
4 months ago 0