Posts Tagged: trademarks
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
Second Circuit Rebukes District Court in Two-Decade Old Patsy’s Pizza Litigation
On August 17, in the case of I.O.B. Realty, Inc. v. Patsy's Brand, Inc., the United States Court of Appeals for the Second Circuit ordered that …
Commerce Office of Inspector General Says USPTO is Failing to Prevent Fraudulent Trademark Registrations
On August 11, the U.S. Department of Commerce Office of Inspector General (OIG) published a final report on the audit of the United States Patent and Trademark …
Infringing Influencers? Federal Judge Says Sponsored Blogger Can Face Trademark Infringement Liability
When an influencer is paid to promote a brand – and the brand’s name is trademark-infringing – can the influencer be on the hook for the infringement? A …
Trademark Crush: A Perfect Storm is Threatening U.S. Trademark Applicants
Recently, USPTO Commissioner for Trademarks David Gooder wrote on the USPTO Director’s Forum Blog that registrations for U.S. trademarks are up 63% from the same period …
