Education Center

Authors: Matthew D. Asbell, Francesca Montalvo | Category: , | Tags: , , , ,

European Community Trademark registration for patterns and three-dimensional marks requires Acquired Distinctiveness in Each Member State

Owners of pattern and three-dimensional marks should take note of the substantial burden of proving acquired distinctiveness of their marks through use throughout the European Union. On April 21, 2015, Louis Vuitton’s European Community trademark (CTM) registrations for two versions of a checkerboard pattern (known as “Damier”) were cancelled by the General Court of the European Union (EGC). This decision will affect the fashion...

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Author: Ralph H. Cathcart | Category: ,

B&B Hardware v. Hargis – What it Means and How it will Affect TTAB Litigation

The U.S. Supreme Court recently issued a decision that may significantly impact how Trademark Trial and Appeal Board (“TTAB”) cases are litigated and whether potential litigants elect to forego TTAB litigation in certain circumstances. In B&B Hardware, Inc. v. Hargis Industries, Inc., 135 S. Ct. 1293 (2015) (“B&B Hardware”) the Supreme Court held that TTAB decisions concerning likelihood of confusion can have a preclusive effect...

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Authors: Matthew D. Asbell, | Category: , | Tags: , ,

REDSKINS affirmed as disparaging. Appealed to 4th Circuit.

In its June 18, 2014 Blackhorse [1. Blackhorse 111 U.S.P.Q.2d 1080 (P.T.O. June 18, 2014)] decision, the TTAB ordered six Redskins trademarks to be cancelled as disparaging to Native Americans at the time they were registered. The impact of this decision was discussed in our earlier article. On July 8, 2015, the United States District Court for the Eastern District of Virginia, in Pro-Football, Inc. v. Amanda Blackhorse, et al.[2....

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Author: John Richards | Co-Author: 翻译:智合东方 | Category: | Tags: ,



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Author: John Richards | Category: | Tags: , , , , ,

The Federal Circuit Reviews Patent Trial and Appeal Board Decisions on Inter Partes Review

There are now three decisions of the Federal Circuit on appeals from the Patent Trial and Appeal Board (PTAB) on inter partes reviews: In re Cuozzo Speed Technologies LLC Belden Inc. v. Berk-Tek LLC and Microsoft Corporation v. Proxyconn Inc. Between them they shed some light on two of the most controversial issies relating to inter partes review: the use of the broadest reasonable interpretation of the claims in these...

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Author: Matthew D. Asbell | Category:

Chipping Away at the Dead Wood and Other Registered-But-Unused Marks

An ongoing issue faced by the United States Patent and Trademark Office (USPTO) has been the number of trademark registrations granted or retained for over-inclusive identifications of goods and/or services where the registrants do not actually use or intend to use the marks on all of the goods and services listed in the registration. Indeed, some registrations remain in effect even though the owner may no longer use the marks on any of the...

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