Author: John Richards | Practices: , | Tags: ,

CHANGE HAS COME TO TRADE SECRETS IN THE United States: The Defend Trade Secrets Act of 2016

Concerns about trade secret theft have been increasing in recent years and the America Invents Act included provisions that reduced the commercial risks that a business would run by trying to keep inventions as trade secrets rather than patenting...

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Author: Kevin Thompson | Practices: , | Tags: , ,


When a trademark disparages identifiable groups of persons, institutions, beliefs, or national symbols, Section 2(a) of the Lanham Act 1 bars its registration. This provision has been in the Act since it was written, but became an active...

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Author: John Richards | Practices: ,

Federal Circuit Held No International Exhaustion of Patent Rights in a Product Sold Outside and Imported Back Into The United States; Lawful Re-Sale or Use Restriction is Effective to Prevent Exhaustion of Patent Rights with Respect to Downstream Sales in Breach of the Restriction

In a 10 – 2 decision on February 12, 2016, the Federal Circuit en banc decided the case of Lexmark v. Impression. Deciding two issues, the court: upheld its 1992 decision in Mallickrodt v. Medipart that when a product is sold subject to a lawful...

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Author: Ralph H. Cathcart | Practices: ,

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...

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

REDSKINS affirmed as disparaging. Appealed to 4th Circuit.

On July 8, 2015, the United States District Court for the Eastern District of Virginia, in Pro-Football, Inc. v. Amanda Blackhorse, et al.1, affirmed the TTAB’s decision to cancel the six Redskins trademarks from Federal Registration, finding that...

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