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FEDERAL CIRCUIT UPHOLDS PRELIMINARY INJUNCTION IN TRADE DRESS CASE
In SoClean Inc v Sunset Healthcare Solutions Inc (Case No 21-2311, 9 November 2022), the US Court of Appeals for the Federal Circuit issued a ruling enjoining defendant Sunset from marketing a particular configuration of medical device filters...
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THE TRADEMARK MODERNIZATION ACT: A PRIMER FOR BRAND OWNERS
Background On December 18, 2021, the final rule implementing the Trademark Modernization Act of 2020 (TMA) went into effect, resulting in one of the most significant amendments to the rules of practice in trademark cases in decades. The TMA...
Read ArticleACCESSORY DESIGNER PREVAILS IN LAWSUIT BROUGHT BY FRANKIE EDITH KEROUAC PARKER’S ESTATE
In Moran, personal representative of the estate of Frankie Edith Kerouac Parker v Edie Parker LLC (Case No 20-cv-12717 (ED Mich), 27 September 2021), the US District Court for the Eastern District of Michigan addressed the question of whether a...
Read ArticleECJ DECISION IN SKY v. SKYKICK FINDS THAT TRADEMARK REGISTRATIONS WILL NOT BE INVALIDATED FOR HAVING UNCLEAR AND IMPRECISE LISTS OF GOODS AND SERVICES AND ALSO CLARIFIES TESTS FOR BAD FAITH TRADEMARK FILINGS
The eagerly anticipated decision of the European Court of Justice in the case of Sky v. SkyKick was delivered on January 29, 2020. The Court’s decision came as a relief to trademark owners after the Advocate General’s opinion was followed in...
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AMENDMENTS TO CHINA TRADEMARK LAW
On April 23, 2019, the following amendments to the Trademark Law of the People’s Republic of China (PRC) were approved that should significantly help trademark owners defend their rights: Trademark applications filed in bad faith without an...
Read ArticleWARNING: NEW THIRD PARTY SOLICITATIONS OF U.S. REGISTERED TRADEMARK OWNERS FALSELY REPRESENT REGISTRATION DATE TO GAIN EARLY PAYMENT FOR MAINTENANCE AND RENEWAL
Recent unsolicited notices have been sent to U.S. trademark owners from a third party calling itself “Patent and Trademark Office”. Like other similar third party solicitations, about which the U.S. Patent and Trademark Office continues...
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