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…
In an effort to foster the independence of administrative patent judge (APJ) panels during decision-making and to enhance transparency pertaining to Patent Trial & Appeal Board processes, the US Patent & Trademark Office (PTO) has released a notice of proposed rulemaking. The rulemaking pertains to the pre-issuance internal circulation and review of decisions, a move…
A recent legal development in the shoe industry catches the attention of many sectors, as New Balance levels a lawsuit against Golden Goose, Inc. The basis of the dispute centers on alleged trademark infringement with respect to Golden Goose’s “Dad-Star” sneaker. JD Supra reported the information in their timely article. On August 18, 2023, New…
In a significant twist in the field of trademark law, the case of Great Concepts LLC v. Chutter, Inc. recently came under scrutiny by the Federal Circuit. This scrutiny primarily pertains to the Trademark Trial and Appeal Board’s (TTAB) authority in such situations when a registrant is found to have potentially committed fraud on the…
In a recent court case, the world-renowned whiskey company, Jack Daniels, faced off against Bad Spaniels, a pet toy manufacturer. The tongue-in-cheek name of the consumer product might seem humorous to the layperson, but it serves as the source of controversy in the litigation. The dispute highlights the tension between First Amendment protections and trademark…
The legal community has cause to celebrate as the United States Patent and Trademark Office (USPTO) has recently achieved a significant milestone. On September 26, 2023, the USPTO issued its millionth design patent, representing a significant moment for intellectual property law. This event highlights the growing importance of design patents in protecting innovative designs and…
In an unfolding legal dispute, Starbucks Corp. has filed a lawsuit against the union representing its workers – Starbucks Workers United. This lawsuit arises from the use of the company’s name, logos, and other intellectual property by the union, especially after the group expressed support for Palestine on various social media platforms. The coffee chain…
On December 27, 2020, the U.S. incorporated a vital change in trademark law with the instituting of the Trademark Modernization Act of 2020 (TMA). The central feature of this legislation was the codification of a precedent in Section 34(a) of the Lanham Act. Under this modification, a trademark owner filing for injunctive relief due to…
In a case that further explores the complexities of intellectual property rights, the Board of Trustees of the University of Illinois have claimed victory in their fight against Vintage Brand LLC and Sportswear Inc., otherwise known as Prep Sport. The ongoing battle concerns the “Chief Illiniwek” logo that bears historical significance to the University, yet…
In an increasingly competitive and bustling online gaming industry, the successful operation of platforms such as Rival Games can hinge on not just their trade secret technology’s value, but also the public’s recognition of and loyalty to their brand. Hence, it is no surprise that trade secrets and trademarks play a pivotal role in the…
When developing a new brand or product, creative teams and legal advisors often pay significant attention to avoiding intellectual property infringement, especially in terms of trademark violations. Trademark lawyers are similarly meticulous to avoid infringing another company’s mark. However, a frequently overlooked aspect of intellectual property protection within corporate branding is something seemingly innocuous –…
In today’s digitally connected world, online marketplaces have emerged as the go-to hubs for consumer product sales. They account for a substantial portion of the total consumer products marketplace. But it’s not just retail products that have found their niche in these digital portals, industrial products like replacement parts for industrial or heavy equipment are…
The United States Patent and Trademark Office (USPTO) recently pushed forth a Notice of Proposed Rulemaking concerning pre-issuance internal circulation and review of decisions by the Patent Trial and Appeal Board (PTAB). This announcement occured on October 6, eliciting significant interest from the global legal community given its potential impacts on patent trials and appeals….
As sponsorship deals in college athletics begin to proliferate with the advent of name, image, and likeness (NIL) agreements, questions arise regarding the intersection of these arrangements with Title IX requirements. The shift toward NIL deal sponsorship began soon after the National Collegiate Athletic Association (NCAA) implemented regulations in June 2020, for the first time…
In an announcement on Monday, Cleary Gottlieb confirmed the enlistment of Angela Dunning as a partner in its Bay Area offices in California. Cleary Gottlieb’s announcement marks another addition to the firm’s continual expansion in the Bay Area. Dunning brings with her expertise in both litigation of complex commercial disputes and handling copyright, trademark, trade…
False advertising presents a significant issue in the commercial world, carrying the potential to mislead consumers, distort market competition, and harm business reputations. The United States has formulated extensive legal protections to curtail such practices, chief among them being the Lanham Act. Specifically, Section 43A of the Lanham Act has become a critical tool for…
Chicago-based law firm Greer Burns & Crain Ltd raised an accusation against the operators of GBCS.law for replicating their intellectual property law firm’s lawyers to release certain asset restrictions placed on defendants in their cases. This information has been compiled based on a report revealed by Bloomberg Law on October, 13, 2023. Further details reveal…
Over the recent years, there have been significant evolutions in how the U.S. federal trademark law applies to conduct outside the United States. The Supreme Court’s recent ruling in Abitron Austria v. Hetronic International, Inc. has brought renewed attention to the legal reach of trademark disputes beyond domestic borders. The court’s decision examined whether federal…
With the fashion world’s continued fascination and awe, Christian Louboutin’s red-soled shoes continue to leave an irreplaceable footprint on the style landscape. This symbol of luxury, style, and celebrity status originated from a unique incident in 1993 when Louboutin casually painted a shoe sole with his assistant’s red nail varnish. Since then, these iconic red-bottomed…
In a recent decision reached by the US Patent and Trademark Office’s (USPTO’S) Trademark Trial and Appeal Board, it was established that the application of the “doctrine of foreign equivalents” to trademarks is not an absolute rule. This could set a significant precedent for corporations nationwide dealing with patent and trademark issues. Specific cases involving…
In the realm of trademark law, practitioners and corporations should be aware of a recent decision reiterating that rarity alone will not allow a surname to bypass the refusal to register rule set in place by Section 2(e)(4) of the Trademark Act, 15 U.S.C. § 1052(e)(4), which states that a mark that is “primarily merely…
On September 28, seasoned Senator Elizabeth Warren delivered a keynote speech at the Center for American Progress, casting light on the journey and current status of the Consumer Financial Protection Bureau (CFPB). Her speech manifested as a noteworthy defense against the political backlash the agency has faced in recent times, showcasing her trademark nature of…
With the holiday season here, protecting your brand or product portfolio from competitors, especially in the online space, is of paramount importance. This period represents a key opportunity for brands in the retail sector to boost their revenue, both in-store and online. However, it’s also when competitors become more inventive in their attempts to capitalize…