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Supreme Court Limits Lanham Act’s Extraterritorial Application post image

Supreme Court Limits Lanham Act’s Extraterritorial Application

In a recent milestone ruling, SCOTUS held that the Lanham Act cannot be invoked as a remedy for instances of trademark infringement that transpire exclusively beyond the borders of the United States. In a recent milestone ruling, the U.S. Supreme Court held in Abitron Austria GmbH, et al. v. Hetronic International, Inc  (“Abitron”)  that the Lanham […]

Author: Michael J. Sheppeard

Link to post with title - "Supreme Court Limits Lanham Act’s Extraterritorial Application"
Why You Should Be Vigilant About Your Trademark Rights post image

Why You Should Be Vigilant About Your Trademark Rights

It is imperative that intellectual property owners police and protect their trademarks from unauthorized use... It is imperative that intellectual property owners police and protect their trademarks from unauthorized use.  Recently, in a precedential decision by the Trademark Trial and Appeal Board (“TTAB” or “Board”), the TTAB held that Advance Magazine Publishers Inc. (“AMP”), which […]

Author: Albert J. Soler

Link to post with title - "Why You Should Be Vigilant About Your Trademark Rights"
TTAB (Still) Cites the Controlled Substances Act (CSA) in Rejecting Cannabis Trademarks post image

TTAB (Still) Cites the Controlled Substances Act (CSA) in Rejecting Cannabis Trademarks

The Trademark Trial and Appeal Board (the TTAB or Board) continues to refuse to register cannabis related trademarks, despite the growing legalization and use of cannabis at the state level. The Trademark Trial and Appeal Board (the TTAB or Board) continues to refuse to register cannabis related trademarks, despite the growing legalization and use of […]

Author: Daniel T. McKillop

Link to post with title - "TTAB (Still) Cites the Controlled Substances Act (CSA) in Rejecting Cannabis Trademarks"
Claim Preclusion Leads to Early Win in Trademark Suit post image

Claim Preclusion Leads to Early Win in Trademark Suit

Could Prior TTAB Decisions Come Back to Haunt You? Claim Preclusion Leads to Early Win in Trademark Suit Over Diesel Marks The apparel and lifestyle brand Diesel recently won summary judgment on its trademark infringement and dilution claims against Diesel Power Gear LLC (“DPG”), a company featured on the Discovery Channel reality TV show Diesel […]

Author: Michael J. Sheppeard

Link to post with title - "Claim Preclusion Leads to Early Win in Trademark Suit"
USPTO Fights Scams With Federal Trademark Registration post image

USPTO Fights Scams With Federal Trademark Registration

The U.S. Patent and Trademark Office (USPTO) is using federal trademark registration to combat the growing number of scams targeting its users. The U.S. Patent and Trademark Office (USPTO) is using federal trademark registration to combat the growing number of scams targeting its users. While it is certainly ironic that the USPTO is seeking to […]

Author: Libby Babu Varghese

Link to post with title - "USPTO Fights Scams With Federal Trademark Registration"
Candy Brands Filing Trademark Suits Due to Cannabis Copycats post image

Candy Brands Filing Trademark Suits Due to Cannabis Copycats

Mars Wrigley is the latest candy manufacturer to file suit against companies for selling cannabis-infused edibles in packaging that mimics its famous brands... Mars Wrigley is the latest candy manufacturer to file suit against companies for selling cannabis-infused edibles in packaging that mimics its famous brands. In its suit, Mars Wrigley alleges that the defendants […]

Author: Ronald S. Bienstock

Link to post with title - "Candy Brands Filing Trademark Suits Due to Cannabis Copycats"
Will Your Business Be Impacted by the Current Trademark Surge at the USPTO? post image

Will Your Business Be Impacted by the Current Trademark Surge at the USPTO?

The U.S. Patent and Trademark Office (USPTO) recently acknowledged that it is facing a surge in trademark filings... The U.S. Patent and Trademark Office (USPTO) recently acknowledged that it is facing a surge in trademark filings. More importantly, the USPTO is struggling to keep up, leading to longer response times for many trademark owners and […]

Author: David A. Einhorn

Link to post with title - "Will Your Business Be Impacted by the Current Trademark Surge at the USPTO?"
Court Rules American Girl Must Face Astronomer’s False Endorsement Suit Over Astronaut Doll post image

Court Rules American Girl Must Face Astronomer’s False Endorsement Suit Over Astronaut Doll

Photo caption: Lucianne M. Walkowicz photo courtesy of: TED.com American Girl photo courtesy of: Toybook.com In a recent trademark lawsuit, astronomer Lucianne M. Walkowicz contends that American Girl’s popular 2018 Girl of the Year doll uses features of Walkowicz’s identity… Astronomer Lucianne M. Walkowicz contends that American Girl’s popular 2018 Girl of the Year doll, […]

Author: David A. Einhorn

Link to post with title - "Court Rules American Girl Must Face Astronomer’s False Endorsement Suit Over Astronaut Doll"
Peloton Claims Genericide in Seeking to Cancel Spinning Trademark post image

Peloton Claims Genericide in Seeking to Cancel Spinning Trademark

Despite having one of the most popular high-end exercise bikes, Peloton Interactive, Inc. can’t use the terms “spin” and “spinning” when advertising its products. While Peloton Interactive, Inc.’s (Peloton) sales have surged amid the COVID-19 pandemic, the company isn’t satisfied. Despite having one of the most popular high-end exercise bikes, it can’t use the terms “spin” […]

Author: David A. Einhorn

Link to post with title - "Peloton Claims Genericide in Seeking to Cancel Spinning Trademark"
Trademark Modernization Act – Understanding Key Provisions of the New Law post image

Trademark Modernization Act – Understanding Key Provisions of the New Law

The Trademark Modernization Act (TMA) is now law... The Trademark Modernization Act (TMA) is now law. The legislation, which makes several significant changes to U.S. trademark law, was incorporated into the Consolidated Appropriations Act of 2021 that was signed into law on December 27, 2020.  Of particular importance, the TMA establishes a uniform standard for […]

Author: David A. Einhorn

Link to post with title - "Trademark Modernization Act – Understanding Key Provisions of the New Law"
TTAB Rules .SUCKS Domain Does Not Serve as a Trademark post image

TTAB Rules .SUCKS Domain Does Not Serve as a Trademark

The company behind .SUCKS websites cannot register that term as a trademark, per a precedential ruling of the Trademark Trial & Appeal Board... The company behind .SUCKS websites cannot register that term as a trademark, per a precedential ruling of the Trademark Trial & Appeal Board. “We find that .SUCKS, as used by applicant and […]

Author: David A. Einhorn

Link to post with title - "TTAB Rules .SUCKS Domain Does Not Serve as a Trademark"
New Trademark Fees for the New Year – What Will Cost You More in 2021 post image

New Trademark Fees for the New Year – What Will Cost You More in 2021

As of January 2, 2021, trademark fees have officially increased… Trademark fees have increased, effective January 2, 2021. This is the first time that the U.S. Patent and Trademark Office (USPTO) has increased fees in nearly three years. According to the USPTO, the higher fees will enable it to “continue to enhance the quality of […]

Author: David A. Einhorn

Link to post with title - "New Trademark Fees for the New Year – What Will Cost You More in 2021"

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