High-profile American football player Travis Kelce is transforming his athletic success into a burgeoning trademark empire. In a move that echoes the brand savvy of well-established corporations and firms worldwide, Kelce has turned his fame into a potential goldmine of trademark opportunities. Many successful brands around the world are recognized instantly by their trademarks: think…
Welcome to the weekly roundup of legal stories making the headlines, drawing on insights and analysis from Howard Bashman’s How Appealing blog, an invaluable resource known for its commitment to the extensive coverage of appellate litigation. First, we have an interesting essay by Professor Jack Rakove, in which he criticises Supreme Court Justices for their…
A notable week for London’s legal landscape as a trademark dispute takes flight, contracts come into question, and a charity auction leads to accusations. Flight comparison platform, Skyscanner, is preparing to embark on a trademark dispute against rival company e-SKY. Highlighting that even digital territory isn’t without its battles. Notwithstanding, the company behind leading children’s…
In this era of digital transactions and virtual operations, understanding and complying with the signature requirements of the U.S. Patent and Trademark Office (USPTO) is of paramount importance. A significant part of this involves making sense of varying types of signatures. These include physical signatures or ‘wet signatures’, ‘s’ signatures such as /John Doe/, generated…
7-Eleven, a multinational convenience store chain, has reportedly accused Hofstein Weiner & Meyer, P.C., a prominent Philadelphia law firm, of trademark infringement. The details of the matter were first reported by Law.com Radar, prompting attention from the global legal community. Although further details of the case are limited, the implications could be significant for both…
In an unanticipated turn of events, Taco Bell recently managed to secure a significant victory over the trademark rights of the ubiquitous phrase “TACO TUESDAY”. The fast-food chain, known for its Mexican cuisine, has publicly declared its intent to nullify all exclusive trademark rights over the phrase. This move represents not only a substantial corporate…
Latest discussions from the Supreme Court of the United States, covered in a Friday, November 3 report by SCOTUSblog, provide invaluable insight into the verdicts that are likely to rule today’s legal landscape. The morning read by Ellena Erskine covered a variety of topics, including an intriguing issue related to a particular trademark case involving…
In a surprising turn of events, convenience store behemoth 7-Eleven has recently taken legal action against a Chicago-based law firm, known as Seven Eleven Law Group. Accusations include that the law firm is guilty of trademark infringement. It appears 7-Eleven is alleging that the law firm, which itself specializes in trademark law, is siphoning off…
The Blue Cross and Blue Shield Association along with the Blue Shield of California have lodged a trademark infringement suit against Lorene Hackett, a woman living in Southern California. Hackett is accused not only of this, but also of the alleged incorporation of notable entities such as Fried, Frank, Harris, Shriver & Jacobson and a…
In a celebration of little-known holidays, it’s worth noting that every October 21st is National Apple Day. From apple-themed games at garden parties to bustling village fairs complete with juice and cider tastings, apple identification sessions, and even sales of apple varieties in the hundreds, there are many ways to commemorate this occasion – even…
The dispute of “Trump too small” trademark reignites a series of First Amendment challenges to the Lanham Act, which prohibits the registration of defamatory or offensive marks. This is the third occurrence following Matal v. Tam and Iancu v. Brunetti, in which marks disparaging Asian Americans and immoral or scandalous marks (“FUCT”), respectively, were contested…
In an unusual turn of events, each of the seven cases scheduled to be heard during the Supreme Court’s November session, beginning Oct. 30, will see representation by a separate attorney from the US Solicitor General’s Office. This approach reflects a notable spread of work across the team at the Solicitor General’s office. Solicitor General…
The advent of e-commerce has, without a doubt, harbingered a wave of convenience in shopping for people worldwide. Quick access to a plethora of products, without the need to step out of your comfort zone, has changed the face of retailing. Yet, this digitization of purchasing has not been without its issues. Perhaps most notable…
In a recent development, the Canadian Trademarks Office has announced changes in their extension policies with reference to Oppositions and Section 45 (non-use cancellation) proceedings. The time available for these extensions will be significantly minimized, with the changes coming into effect as of December 1st. Those practicing in the field should be prepared for these…
In a noteworthy ruling, a split panel decision by the US Court of Appeals for the Federal Circuit has overturned the Trademark Trial & Appeal Board, declaring that fraud after registration is not a legitimate basis for canceling an otherwise incontestable registered mark. The case in question is Great Concepts, LLC v. Chutter, Inc., Case…
In the recent case of Great Concepts Management Group v. Chutter, Inc., the Federal Circuit tackled major aspects of trademark law as it address an appeal stemming from the Trademark Trial and Appeal Board’s decision to cancel a federal registration. The crux of the decision revolved around the registrant’s alleged filing of a fraudulent declaration…
In a significant development in the world of patent law, the U.S. Patent and Trademark Office (USPTO) recently announced a crucial transformation in its operations. The agency’s news briefing in October 2023 shared that the Patent Center system is set to replace the EFS-Web system and the Private Patent Application Information Retrieval (Private PAIR) tool….
For nearly half a century, the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent & Trademark Office exercised authority that when a trademark registrant files a fraudulent declaration under Section 15 of the Lanham Act, in an effort to make its registration incontestable, that registration would be immediately cancelled in its entirety. This…
A recently published joint study by the European Patent Office (EPO) and the European Union Intellectual Property Office (EUIPO) reveals the powerful role that intellectual property (IP) rights, particularly patents and trademarks, can play in securing crucial funding for startups. This study serves as a reminder to corporations and law firms alike on the importance…
The significance of blockchain and distributed ledger technologies (DLTs) continues to ascend, proving their use and application in various fields, beyond just cryptocurrencies and financial markets. However, with this steady dawn of adoption and application, there is an emerging hotbed of patent disputes and intellectual property rights complexities. To delve into these issues, the city…
In a novel development in the world of intellectual property rights, a recent judgment in the jurisdiction of New York provides an illuminating perspective on trademark and copyright infringement. The legal battle involved New York-based lighting and furniture designer and manufacturer, Hudson Furniture, Inc., who emerged victorious in its litigation against defendant Mizrahi. The case,…
The Federal Circuit has took a pivotal step in safeguarding trademark registration rights by reversing and remanding a decision by the Trademark Trial and Appeal Board (TTAB), as mentioned in a recent observation by JD Supra. In the case of Great Concepts, LLC v. Chutter, Inc., the Federal Circuit evaluated the TTAB decision that resulted…
In today’s global business landscape, international trademark protection is more significant than ever, and the primary tool for businesses seeking this protection is the Madrid System. This system, managed by the World Intellectual Property Organization (WIPO), enables companies to register their trademarks in multiple jurisdictions across the globe with a single application, rather than filing…
In a recent development, a divided panel of the Federal Circuit issued a precedential decision, reversing the United States Patent and Trademark Office’s (USPTO) cancellation of a registered trademark (Great Concepts, LLC v. Chutter, Inc., No. 2022-1212). Details of this case have revealed a pivotal judgement concerning the power of the Trademark Trial and Appeal…
A recent patent litigation case highlighted key challenges faced by patent owners while seeking inventorship amendments. As per a Jones Day report, a Patent Owner attempted to solidify its patent position during an Inter Partes review trial by attempting to backtrack the primary prior art reference of the Petitioner. To do this, they tried to…