In a recent ruling by the U.S. Patent and Trademark Office, a patent held by Omni Medsci Inc. faced scrutiny under the America Invents Act (AIA), driven by the precedence of filing dates outlined in the law. This decision was influenced by a challenge initiated by wearable technology company Whoop Inc., which successfully argued that…
In a legal skirmish that underscores the complex interplay between trademark law and celebrity branding, Taylor Swift has firmly responded to allegations from a Las Vegas performer that her “Confessions of a Showgirl” trademark was infringed. The pop icon argued before a California federal judge that it is the performer who has been leveraging her…
The Ninth Circuit recently addressed a dispute involving Igloo Products Corp.’s advertising practices. In a decision marked by divided opinions, the court ruled that while Igloo’s claim of pioneering the first biodegradable cooler might be seen as misleading, it does not breach the Lanham Act. This federal statute governs false advertising and trademark infringement, and…
The company behind the renowned Mr. America bodybuilding competition has initiated legal proceedings against a former bodybuilder. The lawsuit alleges that this individual has rebranded his entire company to capitalize on the “Mr. America” name, a trademark the competition has built over decades. This move, as detailed in Law360, underscores ongoing tensions in the fitness…
The Patent Trial and Appeal Board (PTAB) has announced the extension of its Fast-Track Appeals Pilot Program through 2028, aiming to expedite the resolution of appeals on rejected patent applications. Initially launched in 2020, this initiative seeks to cut down on the typically lengthy process of patent appeals, providing increased efficiency for applicants and stakeholders…
The legal battle over the trademark “I Am More Than An Athlete” continues to intensify as a Maryland-based nonprofit recently petitioned the U.S. Supreme Court to review a Federal Circuit ruling. This decision favored Uninterrupted LLC, a company associated with basketball star LeBron James, allowing it to cancel the nonprofit’s trademark registration by asserting prior…
In a continuation of the scrutiny facing the U.S. Patent and Trademark Office, Director John Squires has come under fire from the ranking Democrat on the House Judiciary Committee. During an oversight hearing in March, questions were raised regarding his decision to file trademark applications for President Donald Trump’s “Board of Peace.” The Democrat accused…
Print-on-demand retailer Vintage Brand is advocating for a Georgia federal judge to reject a summary judgment motion filed by a consortium of universities. The universities aim to secure an early win in their lawsuit alleging that Vintage Brand engaged in trademark infringement concerning its sports merchandise. The crux of Vintage Brand’s argument lies in the…
In a recent decision handed down by the Fourth Circuit, the U.S. Patent and Trademark Office (USPTO) was not compelled to disclose certain documents pertaining to a Patent Trial and Appeal Board (PTAB) hearing involving a cybersecurity patent. The court ruled in favor of the USPTO against a request from a nonprofit volunteer who sought…
In a legal clash that has captured the attention of the intellectual property world, X Corp. and Operation Bluebird Inc. presented divergent arguments before a Delaware federal judge regarding the fate of the Twitter brand. The core of the dispute lies in whether the brand, recognized globally, remains protected following its rebranding to X under…
In a pivotal development, U.S. Patent and Trademark Office Director John Squires has instructed the Patent Trial and Appeal Board (PTAB) to reassess its decision to invalidate a website patent associated with a $170 million verdict against GoDaddy. This comes after concerns were raised that the PTAB provided “no explanation” for why its conclusion diverged…
Kellogg’s legal team has successfully reached an agreement with a food truck in Ohio, leading to the cessation of the use of the phrase “L’Eggo My Eggroll,” which closely echoed the Eggo waffle brand’s well-known slogan. The decision was formalized on Monday, as reported by Law360, following negotiations to protect the company’s trademark rights. This…
In a significant development for Benjamin Moore & Co., a New Jersey federal court has decided in favor of the paint manufacturer in its dispute over unpaid royalties, awarding $4.2 million. This ruling brings closure to litigation initiated by Benjamin Moore against a former licensed retailer in Greece. The legal battle stemmed from allegations of…
Alston & Bird has strategically expanded its intellectual property (IP) litigation capabilities by welcoming three new partners, including two distinguished leaders from Winston & Strawn LLP. The firm, known for its robust IP practice, announced these significant additions on Monday, underscoring its commitment to strengthening its litigation prowess in key markets. The move highlights a…
In a recent ruling, Columbia University faced a setback as an Oregon federal judge decided that the university could not dismiss a trademark infringement lawsuit initiated by Columbia Sportswear. The lawsuit centers around the alleged infringement of trademarks, with the sportswear company arguing that the university’s branding causes market confusion. This decision also prevents Columbia…
A recent legal decision has clarified a contentious dispute involving a Napa Valley winery and its former legal counsel. In a California federal court, a judge has ruled that the attorney, who previously collaborated with the winery, holds no rights to the trademark associated with the RBS wine brand. The ruling marks a significant moment…
As legal professionals are well aware, the Inter Partes Review (IPR) process at the United States Patent and Trademark Office (USPTO) has become a central mechanism for challenging the validity of patents. This procedure was developed as a cost-effective alternative to litigation, structured to efficiently reconsider patents that may have been erroneously granted. However, recent…
In a recent ruling, the Trademark Trial and Appeal Board (TTAB) has decided to cancel the trademark registration of Everwise Credit Union due to a lack of commercial use by the mandated deadline. The Midwestern credit union failed to demonstrate that it had commenced the use of the trademark in commerce, which is a critical…
As artificial intelligence continues to reshape various sectors, the field of trademark creation and protection is experiencing significant changes. AI’s capabilities in generating and evaluating trademarks introduce both opportunities and challenges for legal professionals. One of the most impactful shifts is AI’s ability to generate trademarks rapidly. Traditional processes for creating trademarks involve manual brainstorming…
In a notable legal development, Shein, the fast fashion powerhouse, has successfully navigated a legal challenge from Brandy Melville, a prominent retail brand. A federal judge in California dismissed Brandy Melville’s trademark infringement and unfair competition claims, determining that these allegations were precluded by the U.S. Copyright Act. This decision marks a significant moment in…
In a recent development at the U.S. Patent and Trademark Office (USPTO), Director John Squires has made significant decisions regarding inter partes review (IPR) petitions. Squires, overseeing these matters since his appointment, chose to turn down 10 petitions for patent reviews under the America Invents Act. However, he also greenlighted four challenges in his latest…
In a recent decision, the Second Circuit Court of Appeals has upheld a previous ruling in favor of Thom Browne Inc., negating Adidas AG’s attempt to revive its trademark lawsuit. Adidas had argued that the introduction of four emails, allegedly withheld by Thom Browne’s attorneys, could potentially have influenced the verdict in their ongoing trademark…
San Francisco and the Port of Oakland recently reached a settlement in a contentious legal battle over trademark rights concerning the newly named “Oakland San Francisco Bay Airport.” The agreement marks the conclusion of the trademark infringement lawsuit initiated by San Francisco, allowing the East Bay city to retain its controversial new airport name as…
Taylor Swift, the renowned pop icon, is taking a bold legal step by filing for trademark registrations of her voice. This move highlights a creative strategy in combatting the misuse of her vocal likeness by artificial intelligence (AI). In an era where AI-generated content is increasingly prevalent, the legal community is closely watching how such…
Orrick Herrington & Sutcliffe LLP has strategically reinforced its intellectual property capabilities by bringing on a former attorney from the U.S. Patent and Trademark Office (USPTO). This addition is part of Orrick’s ongoing efforts to deepen its expertise in IP law, a crucial area for numerous corporate clients seeking robust protection for their innovations. The…