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“So, Your U.S. Trademark Registration is Being Audited”
The USPTO has implemented a program to audit trademark maintenance and renewal filings for the purpose of ensuring that trademark registrations were not being maintained in connection with goods and services for which the marks are no longer in use...
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GENERIC TOP LEVEL DOMAINS MAY NOT BE GENERIC
In a ruling that could have implications for applicants seeking trademark registration for domain names comprised primarily of descriptive or generic wording, the US District Court for the Eastern District of Virginia has overturned a finding by the...
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Technology Evolution in the Media Industry Supported by Pilot Program Allowing U.S. Trademark Registrations to be Updated
Media companies have changed the way they provide their goods and services to consumers as a result of ongoing evolutions in technology. A magazine that once distributed print copies may now provide access to its articles and advertisements online....
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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...
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Acquired Distinctiveness of Trademarks in the United States
Business enterprises often prefer to adopt trademarks that describe the company’s goods or services because they require less of an investment to develop the brand and educate the target consumer. This is in contrast to trademark counsel’s...
Read ArticleEuropean 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...
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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