Posts in Trademark


Ninth Circuit Set to Clarify Aesthetic Functionality Doctrine

A case now pending before the Ninth Circuit, LTTB LLC v. Redbubble, Inc., Docket No. 19-16464, has the potential to clarify the controversial doctrine of aesthetic functionality. …

Supreme Court Poised to Reverse CAFC Trademark Decision on Willfulness as Prerequisite for Profits Award

On Tuesday, the Supreme Court heard oral arguments in Romag Fasteners v. Fossil, Inc., Fossil Stores, I. Inc., Macy’s Inc, and Macy’s Retail Holdings, Inc. …
By Michael Greenberg
3 months ago 0

Lucky Brand Oral Arguments: SCOTUS Likely to Reverse Second Circuit Claim Preclusion Rule

On the morning of Monday, January 13, the U.S. Supreme Court heard oral arguments in Lucky Brand Dungarees Inc. v. Marcel Fashion Group Inc. The case asks …
By Steve Brachmann
3 months ago 0

What Brand Owners and Small Businesses Can Learn from Backcountry.com’s Trademark Enforcement Campaign

U.S.-based online outdoor goods retailer, Backcountry.com, has faced a significant social media backlash over the past month, with both customers and competitors publicly reacting …
By Erik Alsegard
3 months ago 4

At a Crossroads: Developing a Standardized Access System to Domain Name Registration Data

As the European Union’s landmark Global Data Protection Regulation (GDPR) was set to go into effect in 2018, the Internet Corporation for Assigned Names and Numbers (ICANN) …
By Claudio DiGangi
3 months ago 1

Retired USPTO Commissioner for Trademarks Mary Boney Denison Recounts Her Career and the Challenges Ahead for the Office

On December 31, the United States Patent and Trademark Office’s (USPTO’s) Commissioner for Trademarks, Mary Boney Denison, retired from her position with the agency. Denison joined …
By Michelle Sara King
3 months ago 0

The Top Five European IP Developments of 2019—and Five to Watch for 2020

As the year winds down, IPWatchdog is running a series of articles on the top stories of 2019 and what’s ahead for the year to come. In …
By James Nurton
3 months ago 2

Parallel Imports Officially Authorized in Ukraine, But Not for All Goods

In November, 2019, amendments to the Customs Code of Ukraine regarding the protection of intellectual property rights when moving goods across the customs border came into force. The …
By Ivan Nikitchenko
3 months ago 0

What Baby Yoda and T-Mobile’s Magenta Mark Can Teach Us About When to Enforce IP Rights

Deciding whether or not to enforce one’s intellectual property rights is a significant decision for any business (or individual). Litigation in general tends to be an …
By Theodore Chiacchio
3 months ago 1

Is a Common Word Added to a TLD Like ‘.com’ Inherently Generic? Who Decides?

On November 8, the U.S. Supreme Court granted a Petition for Writ of Certiorari from the U.S. Patent and Trademark Office (USPTO) on the following issue: “…
By Robert Kenney
3 months ago 0

Clawing Deeper into the Monster v. Raptors Trademark Battle

Torontonians may have accepted the loss of Kawhi Leonard, but another Raptors asset is still at risk: their newest logo. As detailed here, the Raptors are tipping …
By Erika Murray & Coleen Morrison
4 months ago 0

Final Briefs Filed with SCOTUS in Romag Fasteners Case on Trademark Infringement Damages

On November 27, briefing concluded at the Supreme Court with the filing of Fossil’s respondent’s brief in Romag Fasteners, Inc., v. Fossil, Inc., et al. The …
By Benjamin Hodges
4 months ago 0

Amateurism for Assets: NCAA to Allow Student Athletes to ‘Benefit’ from Personal Intellectual Property

The National Collegiate Athletic Association (NCAA) recently took a step toward letting student athletes "benefit" from use of their name, image, and likeness. The move comes after …

Russian Court Rules Keyword Ads Generated by a Web Service Do Not Violate Trademark Rights

Businesses often resort to placing keywords in the html code of a web page, meta tags, or in contextual advertising templates for promoting their products on the …
By Konstantin Voropaev
4 months ago 2

Other Barks & Bites, Friday, December 6: Lawmakers Concerned with Copyright Restatement, USPTO Pushed to Keep SEP Injunction Policy, Qualcomm Pushes Back on Koh at Ninth Circuit

This week in Other Barks & Bites: the U.S. Supreme Court hears oral arguments over copyright status of the Official Code of Georgia Annotated; the Federal Circuit …
By IPWatchdog
4 months ago 1