An Illinois federal judge recently allowed the trademark infringement suit by Naked Juice to proceed against Naked Whey. The decision came on Monday when the judge determined that Naked Juice provided sufficient details in their claim that customers might believe the beverages are from a common source. This legal battle places a spotlight on the…
The United States Patent and Trademark Office (USPTO) has proposed a rule that would require third-party requesters of ex parte reexaminations to disclose all real parties in interest (RPI) to the Office. This proposal, published on July 22, 2026, aims to enhance transparency and ensure compliance with statutory estoppel provisions established under the America Invents…
An Arizona federal judge recently denied a retrial in a trademark dispute involving the “RAW” rolling papers brand. The company seeking a new trial argued that previous evidence exclusions, termed a “time bubble,” had unduly impacted their case. However, the judge concluded that the exclusion of evidence after May 2021 did not prejudice the plaintiff…
The U.S. Court of Appeals for the Third Circuit has vacated a lower court’s award of attorney’s fees in the trademark dispute between Lontex Corporation and Nike Inc., following a settlement reached by the parties. This decision marks a significant development in the protracted litigation over Nike’s use of the phrase “cool compression.” In its…
The recent legal confrontation involving Adidas and Thom Browne has spotlighted the aggressive tactics sometimes employed in trademark disputes. In a notable ruling, a New York federal court awarded $2.5 million in attorneys’ fees to Thom Browne, after finding Adidas guilty of employing “bully” tactics during the litigation process. This decision underscores the judiciary’s increasing…
The U.S. Court of Appeals for the Federal Circuit has upheld the dismissal of a lawsuit filed by inventor advocacy groups challenging the language on the covers of U.S. patents. The groups contended that the phrase “right to exclude others” is misleading in light of the Supreme Court’s 2006 decision in eBay Inc. v. MercExchange,…
In a contentious legal clash over the “LIV” trademark, a magistrate judge’s report has ignited objections from both parties involved. The magistrate’s findings suggest that a Long Island distillery is likely to prevail with its claims against the LIV golf tour while simultaneously allowing the tour to continue using the disputed trademark. This decision has…
The U.S. Patent and Trademark Office (USPTO) has recently defended its “settled expectations” policy before the Federal Circuit, urging the court to reject Google’s constitutional challenge to this approach. The policy allows the USPTO to consider the age of a patent when deciding whether to institute inter partes review (IPR) proceedings, with the agency asserting…
In a significant development in the Estee Lauder trademark litigation against Walmart, a California federal judge has expressed reservations about Walmart’s motion to dismiss substantial portions of the cosmetics giant’s lawsuit. Estee Lauder claims that Walmart has been selling infringing beauty products online, a point that the judge noted was supported by complaints described as…
The intricate doctrine of obviousness-type double patenting is currently poised for potential clarification by the Federal Circuit. This intricacy has been amplified by a recent decision juxtaposed with a brief from the U.S. Patent and Trademark Office (USPTO), each appearing to diverge on a critical aspect of the doctrine. This scenario could prompt the Federal…
Christian heavy metal band Demon Hunter has initiated legal action against Netflix, filing a trademark infringement lawsuit in California federal court. The suit asserts that Netflix’s animated musical, KPop Demon Hunters, has led to consumer confusion and threatens to overshadow the band’s established identity. The band contends that the movie’s branding could dilute their trademark…
The U.S. Patent and Trademark Office (USPTO) has positioned itself against an Ohio federal court halting disciplinary proceedings involving a patent attorney who is currently suing the agency. Central to the case is the attorney’s contention regarding an administrative law judge from outside the USPTO presiding over his discipline case. Despite these claims, the USPTO…
In a notable legal victory, a California federal judge has ruled in favor of Lady Gaga, dismissing a lawsuit brought by a surf and lifestyle brand over the alleged infringement of the trademark “Mayhem.” The brand claimed that Lady Gaga’s use of the term on her merchandise misled consumers. However, the judge found the arguments…
The U.S. Patent and Trademark Office (USPTO) Director recently rejected a challenge by Viance LLC against a patent held by Koppers Performance Chemicals Inc., highlighting the necessity for challengers to disclose all real parties in interest (RPIs). This decision stems from Viance’s failure to reveal companies that may control the challenging entity, which is crucial…
In a recent decision from a Florida federal jury, a Marco Island condominium owner and his rental businesses have emerged victorious in a trademark dispute. The case revolved around allegations brought by the developer of the Marco Beach Ocean Resort, who claimed that the condo owner’s use of the resort’s name and crest logo constituted…
Baker McKenzie has bolstered its commercial practice group with the return of a seasoned partner, who rejoined the firm in Dallas after nearly a decade of in-house work at Jack Daniel’s Properties Inc. This strategic move aims to enhance Baker McKenzie’s intellectual property capabilities, drawing on the attorney’s extensive experience and insight gained during his…
The United States Patent and Trademark Office (USPTO) recently urged the Federal Circuit to uphold the rejection of a Sanofi patent application based on the principle of double patenting. The case highlights a contentious area within patent law, as USPTO Director John Squires has called for a reexamination of the underlying policy rationale. This dichotomy…
In a significant development at the U.S. Patent and Trademark Office (USPTO), Director John Squires has issued a decision concerning four petitions for review under the America Invents Act (AIA). In his latest order, Squires granted just one of these petitions while denying the other three. The granted review will allow for an in-depth examination…
The legal landscape of intellectual property was notably shaped by the U.S. Supreme Court ruling in Jack Daniel’s Properties Inc. v. VIP Products Inc., which came down in 2023. This case set a significant precedent by limiting the Rogers defense, a First Amendment-based argument previously available in trademark infringement disputes. The Rogers test, originating from…
The Chicago Cubs and the Washington Nationals, both distinguished Major League Baseball organizations, have raised concerns regarding the WNBA’s trademark registration attempt for “The W.” The teams argue that the trademark might cause confusion with their established “W” marks used on merchandise and branding. This opposition appears grounded in the long-standing use of the letter…
The U.S. Patent and Trademark Office (USPTO) has announced plans to expand its community outreach efforts in the Southwest region of the United States, effectively seeking public input on potential sites for new offices. This initiative aims to enhance the agency’s accessibility and engagement with innovators and businesses across the six-state region, which includes Arizona,…
The U.S. Trademark Trial and Appeal Board recently ruled against Serena Williams’ application to register the trademark “Serena Ventures” for her venture capital firm. The board concluded the proposed name could create confusion with an already existing trademark for “Serena,” which is registered for similar services. This decision highlights the ongoing complexities and challenges faced…
Recent findings indicate a shifting dynamic in how the U.S. Patent and Trademark Office (USPTO) grants patents, showing a marked preference for larger companies, both domestic and international. This trend, outlined in a report from Labrynth, highlights concerns about the office’s alignment with corporate interests over those of independent inventors. The report shows that major…
The U.S. Court of Appeals for the Fourth Circuit has decided not to overturn a lower court’s decision in a trademark dispute involving Gilead Sciences, Inc. The case centers around Gilead-branded medications, which a vendor, working with health plans to reduce costs, attempted to import into the United States. The lower court had previously blocked…
Nike Inc. and Lontex Corp. have mutually agreed to cease their contentious dispute regarding a trademark fee award, requesting the Third Circuit to overturn a previous ruling that labeled the case as exceptional. This development follows a legal battle in which a lower court had mandated Nike to cover attorney fees for Lontex, a decision…