In an encouraging development for patent applicants, the U.S. Patent and Trademark Office (USPTO) has announced the extension of the After Final Consideration Pilot Program 2.0 (AFCP 2.0) until September 30, 2024. The decision has been taken to aid applicants by providing patent examiners with additional time to consider responses after a final office action…
Elon Musk’s recent decision to rebrand Twitter as “X” has stirred legal turbulence. A Florida legal marketing company, emanating with their own publication, “Mass Tort Insider,” has challenged the social media giant in a Florida federal court. The lawsuit marks one of the first instances of trademark disputes following the high-profile rebranding. The case details…
In an ongoing series of moves reflecting the ever-increasing importance of intellectual property (IP) law in the technology sector, pioneering law firm Perkins Coie has brought Jessica Kaiser, a former lead administrative patent judge at the United States Patent and Trademark Office (USPTO), into the fold. She most recently held a position as a partner…
In July, the United States Patent and Trademark Office (USPTO) announced several changes to the interim process for Director review of Patent Trial and Appeal Board decisions. This interim process was initially established in the aftermath of the Supreme Court’s decision in U.S. v. Arthrex, 594 U.S. ___ (2021). The USPTO’s interim process has experienced…
The United States Patent and Trademark Office (USPTO) recently made significant updates to its Madrid Protocol webpages. These changes aim to improve and simplify the experience for international trademark applicants. According to a bulletin issued by the USPTO, the website now exhibits enhanced content designed to be more understandable and accessible. Few details regarding the…
Legal professionals, especially those practicing in pharmaceutical patent litigation, will be heading to Chicago on October 24th and 25th for the 9th Annual Paragraph IV Disputes Master Symposium. This symposium gathers experts in trademark and patent law for brand-name and generic drug companies. It provides an opportunity for legal professionals to receive real-time updates on…
As the cannabis industry diversifies with more individuals and businesses jumping on board, it has become increasingly important to clarify the nature of the available trademark protections a cannabis business can obtain. The current state of cannabis trademark law, its limitations, as well as potential changes triggered by rescheduling of cannabis are issues to be…
While most brand owners understand the importance and value of registered trademarks in safeguarding the goodwill between themselves and consumers, not all might be fully aware of the comprehensive protection offered by another intellectual property right: design patents. Trademarks, in their own right, play a crucial role in curtailing consumer confusion regarding the source of…
Another setback was handed to Donald Trump last night, as the New York appeals court rejected his plea for a postponement on the upcoming civil fraud trial instigated by Attorney General Letitia James’ office. Roughly a week ago, Trump implored the First Judicial Department to persuade trial judge, Justice Arthur Engoron, to make a decision…
In an increasingly competitive market, corporations and law firms must consistently distinguish their products and services from those of their competitors. One often underutilized tool for achieving this distinction is Trade Dress Protection. This legal framework protects the visual appearance of a product or its packaging that signifies the source of the product to consumers….
In a recent case addressing unfair competition claims under the Lanham Act, the US Court of Appeals for the Tenth Circuit ruled that no reasonable juror would confuse an alcohol distributor’s usage of the term “kühl” with the use of a similar mark by a clothing company. The case, titled Alfwear, Inc. v. Mast-Jägermeister US,…
The US Court of Appeals for the Ninth Circuit recently overturned a district court’s decision, dismissing trademark declaratory judgment claims. They ruled that pre-enforcement commercialization activities could, in fact, serve as a basis for establishing personal jurisdiction. This decision came in the case of Impossible Foods Inc. v. Impossible X LLC, case number 21-16977. Judges…
The US Patent and Trademark Office (PTO) published a freshly updated Oral Hearing Guide on August 31, 2023, with the aim of assisting parties through oral arguments before the Patent Trial and Appeal Board. This latest publication is a revision of the 2019 Oral Hearing Guide, which was published on August 30, 2019. Designed to…
In a recent trademark infringement conflict, food delivery giant, Grubhub, savored victory. The US Court of Appeals for the Seventh Circuit asserted that the district court did not err in denying a preliminary injunction motion, in accordance with a report by JD Supra. The order came in the case where Grubhub Inc. was pitted against…
The looming threat of a U.S. federal government shutdown on October 1, 2023 is throwing both patent and trademark holders into uncertainty. This is due in part to ongoing debates in Congress over funding for Federal Fiscal Year 2024 (FFY24). JD Supra has reported on the issue, significantly drawing attention to how the situation could…
Trademark protection continues to pose challenges to numerous businesses across the globe. Especially if we turn our gaze towards Colombia, the increasing number of inquiries from clients, who wish to secure their trademarks, speaks volumes about the subject’s complexity. The International Lawyers Network has recently compiled a series of answers to some of these frequently…
It is no secret that the process of successfully registering trademarks in China is filled with challenges due to an overwhelming number of existing, valid registered trademarks and large annual intake of new applications. The 2022 annual report of the China National Intellectual Property Administration (CNIPA) starkly highlights this issue, indicating the preliminary approval rate…
In light of its prospective initial public offering (IPO), Chinese-based fast fashion brand Shein is garnering media attention for various controversies currently plaguing the company. These alleged violations include copyright and trademark infringements, charges of human rights offenses via forced labor, along with concerns related to environmental and health risks. To date, Shein’s alleged infringements…
Law professionals are often called upon to navigate the intricacies of intellectual property (IP) licensing. It is a domain that requires a comprehensive understanding of various legal elements and practical considerations. It is with this need for expertise in view that an upcoming event has garnered significant attention among legal circles. The Hybrid Event: Understanding…
A contemporary legal dispute, colloquially referred to as ‘The Cheese Wars’, recently reached the United States Court of Appeals for the Fourth Circuit. This dispute parsed whether the term ‘gruyere’ can be registered as a trademark in the United States, or if it is simply a generic term, and thus, ineligible for trademark protection. The…
In a recent development in the ongoing trademark dispute between Riseandshine Corporation, colloquially known as Rise Brewing, and PepsiCo Inc, the New York court has sided with PepsiCo. Rise Brewing set forth three federal and two state claims founded on trademark infringement and unfair competition matters, all pertaining to the usage of the trademark RISE….
In a recent announcement, the director of the U.S. Patent and Trademark Office (USPTO) has suggested that federal administrative judges should avoid presiding over patent and trademark disputes where they or their family members have a financial interest in one of the parties involved in the case. Handling conflicts of interest such as these could…
In an unexpected decision, the Director of the U.S. Patent and Trademark Office (USPTO) has recently vacated a denial of institution from the Patent Trial and Appeal Board (PTAB), as the decision contradicted Federal Circuit precedent on anticipation and written description for a method of treatment patent. According to a report on JD Supra, a…
The US Court of Appeals for the Third Circuit recently upheld a district court’s decision stating that a candymaker cannot trademark the shape and colors of watermelon candies. The court’s decision hinges on the fact that the combined colors and shape of the candies perform a functional role — they signal to consumers that the…
In a recent turn of events, Sunny Isle’s owner’s application for summary judgment in a case of alleged counterfeiting was denied, thereby paving the way for the case against Pak Cosmetic Centre to proceed to trial. The significant information on the case at hand was originally published in the World Trademark Review on August 21,…