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Trademark news and analysis from the courts and the USPTO
By Scott Graham | November 22, 2022
Debevoise & Plimpton partner David Bernstein says the time is right for the Supreme Court to assess the Second Circuit's Rogers v. Grimaldi test, and decide if it strikes the right balance.
5 minute read
By Christopher P. Bussert | November 22, 2022
Many trademark practitioners have noted the USPTO's recent penchant for issuing refusals to register trademarks on the ground of failure to function as a trademark. The Trademark Trial and Appeal Board picked a colorful case to set precedent and provide some initial guidance on how it will evaluate failure to function refusals going forward.
11 minute read
By Jessica Gresko, The Associated Press | November 21, 2022
The company that makes Jack Daniel's is howling mad over a squeaking dog toy that parodies the whiskey's signature bottle. Now, the liquor company is barking at the door of the U.S. Supreme Court.
4 minute read
By ALM Staff | November 17, 2022
This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
By Eric Alan Stone and Catherine Nyarady | November 8, 2022
In a case that may have significant implications for the ability of mark holders to enforce their marks against many types of products, the U.S. Court of Appeals for the Second Circuit is now considering whether consumer products such as sneakers can be considered "expressive works" to which First Amendment protections can apply.
9 minute read
By Scott Graham | November 4, 2022
It's Term Jeff Lamken at the Supreme Court as the MoloLamken partner persuades the court to grant cert in cases of patent enablement and trademark extraterritoriality.
8 minute read
By Ross Todd | November 4, 2022
Joseph Mueller and Brittany Amadi of Wilmer Cutler Pickering Hale and Dorr won summary judgment that Simply Wireless abandoned its unregistered trademark for "Simply Prepaid." Their client T-Mobile has generated more than $1 billion in revenues from its "Simply Prepaid" services.
8 minute read
By ALM Staff | November 4, 2022
This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
By ALM Staff | October 24, 2022
This lawsuit was surfaced on Law.com Radar. Read the complaint here.l
1 minute read
By Scott Graham | October 21, 2022
Will Connolly's hearings be public? Will his orders be appealable? Shaw Keller partner Andrew Russell of the IP/DE blog helps game out some scenarios.
7 minute read
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