Education Center
DISPARAGING TRADEMARKS: THE SKIN-NY ON THE SLANTS
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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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...
Read ArticleB&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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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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