Posts Tagged: Lanham Act


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
24 days ago 1

Amici Ask SCOTUS to Correct Third Circuit’s ‘Overly Simplistic’ Formulation of Trademark Functionality in Ezaki Glico

On July 29, several IP organizations and one global snack conglomerate filed amicus briefs at the U.S. Supreme Court asking the nation’s highest court to grant …
By Steve Brachmann
2 months ago 0

The Washington Football Team’s Trademark Journey: Over the Bumps and Full Speed Ahead

You’ve probably heard that the U.S. Patent and Trademark Office (USPTO) has refused to register the current name of the Washington NFL franchise – “The Washington …
By Marsha Gentner
2 months ago 3

Celebrating U.S. Trademark Law: Happy 75 to the Lanham Act

As the United States today celebrates the 245th anniversary of its independence, the intellectual property (IP) community will tomorrow be celebrating the 75th anniversary of the Lanham …
By Eileen McDermott
3 months ago 0

Lessons from Ice Cube’s Lawsuit Against Stock Trading App in Right of Publicity/Trademark Infringement Case

The multi-talented Ice Cube famously said “It was a good day” in his hit song of the same name. But the hip-hop icon and his team probably …
By Nadia Aram
5 months ago 0

Fourth Circuit Finds ‘Pretzel Crisps’ Plaintiffs are Not Bound to Federal Circuit Across Appeals from Distinct TTAB Decisions

On March 17, the U.S. Court of Appeals for the Fourth Circuit reversed and remanded a decision from the U.S. District Court for the Western District …
By Nancy Braman
6 months ago 0

Analyzing the Three Key Provisions of the Trademark Modernization Act

Most people associate the Consolidated Appropriations Act of 2020 with its COVID relief and stimulus measures, rather than trademarks. While these measures are of course the primary focus …
By Hunter S. Freeman
7 months ago 0

National Advertising Division Says Pre-Launch Investor Presentation Can Be Challenged Under Advertising Law

It has long been a fundamental tenet of advertising law that comments made to investors, and particularly those made before the commercial launch of a product or …

Will SCOTUS Tell Bad Spaniels to Roll Over?

Sometimes a dog toy is just a dog toy. Maybe that’s how Sigmund Freud would have put it; certainly, that’s the message from our client, …
By Jared Kagan & Jeremy Feigelson
11 months ago 4

Guideposts for Determining Whether a Mark is Functioning as a Trademark

Under the Lanham Act, a trademark is any combination of words, names, symbols, or devices that are used to identify and distinguish goods or services and to …
By Theodore Chiacchio
1 year ago 0

Federal Circuit Reverses TTAB Ruling on Standing for Petition to Cancel Condom Trademark

The U.S. Court of Appeals for the Federal Circuit ruled yesterday that Australian Therapeutic Supplies Pty. Ltd. has “a real interest” in cancelling the registration for …
By Eileen McDermott
1 year ago 0

The Consumer is King: High Court Sides with Booking.com, Rejecting Per Se Test for Generic.Com Trademarks

The U.S. Supreme Court has sided with Booking.com, ruling that a generic term paired with .com “is a generic name for a class of goods …
By Eileen McDermott
1 year ago 7

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 year ago 0

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
1 year ago 7

Greta Thunberg Does Not Need a Trademark Registration

Climate activist Greta Thunberg is reportedly planning to register her name as a trademark based on her fears that third parties will exploit her identity for commercial …
By Thomas Williams
2 years ago 5