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  • Article

    How Scandalous! Federal Circuit Holds Vulgar Trademarks Are Registrable

    Trademarks will no longer be refused registration on the basis that they constitute immoral or scandalous matter. On December 15, 2017, the U.S. Court of Appeals for the Federal Circuit unanimously ruled in In re Brunetti that the bar against such marks is unconstitutional because it violates the First Amendment.
    United StatesIntellectual Property
    Jones Day
    Jones Day
  • Article

    ICANN Releases List Of Applicants And Proposed New Top-Level Domains

    Today, June 13, the Internet Corporation for Assigned Names and Numbers (ICANN) published the list of applicants and proposed new top-level domains (TLDs).
    United StatesIntellectual Property
    Reed Smith
    Reed Smith
  • Article

    If A Customer Cannot See The Product On Which Mark Is Affirmed, No Confusion Possible

    Addressing issues of trademark infringement and Florida’s Deceptive and Unfair Trade Practices Act, the U.S. Court of Appeals for the Eleventh Circuit affirmed summary judgment ruling that where the product on which a mark is affirmed cannot be seen by a customer, there is no likelihood of confusion.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    If You Don’t Want Your Registration Cancelled, Grant Your Opponent A Covenant Not To Sue

    The United States Supreme Court, which rarely gets involved in trademark cases, has ruled that when a Defendant in a Trademark infringement case countersues to cancel the Plaintiff’s registration, the Plaintiff can divest a court of jurisdiction over the cancellation by granting the Defendant a broad covenant not to sue.
    United StatesIntellectual Property
    Venable LLP
    Venable LLP
  • Article

    Imminent Enforcement Deadlines In The New gTLD Program

    A thousand or more new generic top-level domains (gTLDs) may become open for registration on the Internet beginning as early as mid-2013.
    United StatesIntellectual Property
    Steptoe LLP
    Steptoe LLP
  • Article

    Imminent Enforcement Deadlines In The New gTLD Program

    A thousand or more new generic top-level domains (gTLDs) may become open for registration on the Internet beginning as early as mid-2013.
    United StatesIntellectual Property
    Steptoe LLP
    Steptoe LLP
  • Article

    Implications Of Recent Supreme Court Free Speech Decision

    The decision was the culmination of Simon Shiao Tams' fight to obtain a federal trademark registration for "THE SLANTS" for use in connection with his rock band.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    In Dog of Case, Ninth Circuit Declines to Extend Standing to Bring Lanham Act "False Advertising" Claim to Non-Competitors

    Addressing standing to bring a "false advertising" claim under §43(a) of the Lanham Act, the U.S. Court of Appeals for the Ninth Circuit has confirmed that a plaintiff must show: (1) a commercial injury based upon a misrepresentation about a product and (2) the injury is competitive or harmful to the plaintiff’s ability to compete with the defendant.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    "Incontestable" Trade Dress Not Immune From Challenge Based on Functionality

    Trade dress that has achieved "incontestable" status under the Lanham Act is not immune from challenge based on functionality, even if it achieved such status prior to enactment of the functionality exception to incontestability.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Infringer Bears The Burden Of Proving Lawful Revenues

    Addressing the issue of the legal standard for trademark infringement damages under the equitable accounting of profits remedy, the U.S. Court of Appeals for the Seventh Circuit reversed the district court and held that the infringer was liable for the entire amount of its gross sales, minus any deductions and expenses proven by the infringer.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Insights On Gen Z's Perceptions Of Brands & Counterfeits

    Regarding counterfeits, most Gen Zers were generally aware of IP rights and considered them important.
    United StatesIntellectual Property
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Intellectual Property Law For Kids

    In addition to learning their ABCs, some California elementary school children, ranging from kindergarten to sixth grade, may be getting schooled in the basics of intellectual property law.
    United StatesIntellectual Property
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Intellectual Property Law Year In Review

    This past year the Supreme Court and Federal Circuit redefined and continued to define key aspects of intellectual property (IP) law ...
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Intent To Defraud Patent And Trademark Office Deprives Documents Of Attorney-Client Privilege Protection

    Plaintiff Global Tubing, LLC filed a motion to compel production of documents withheld as privileged by Defendant Tenaris Coiled Tubes, LLC.
    United StatesIntellectual Property
    Jeffer Mangels & Mitchell LLP
    Jeffer Mangels & Mitchell LLP
  • Article

    IP Fridays – Episode 31: Interview With Dario De La Pena – Certification Marks – Spider-Man Toy Patent Case – Enforcement Database Of The EU

    Dario De La Pena is the Global Security & Brand Protection Manager for Latin America for the Underwriters Laboratories (UL). He talks with Ken about certification marks and product safety.
    United StatesIntellectual Property
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    IP Of Everything Podcast - Episode 7 - The IP Of Distance Learning

    The intellectual property landscape is always evolving and provides a wealth of topics that impact business strategies, competition and operations.
    United StatesIntellectual Property
    Lewis Roca
    Lewis Roca
  • Article

    IP Of Everything Podcast - The IP Of Political Campaigns

    The intellectual property landscape is always evolving and provides a wealth of topics that impact business strategies, competition and operations.
    United StatesIntellectual Property
    Lewis Roca
    Lewis Roca
  • Article

    Is A Color Mark Functional? First, Consider The Alternatives

    The US Court of Appeals for the Ninth Circuit reversed a grant of summary judgment, finding a genuine issue of material fact as to whether the green color of the plaintiff's earplugs was functional.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Is It Obvious? Let's Reconsider: Design Patent Obviousness vs. Utility Patents

    Pryor Cashman and the New York Intellectual Property Law Association (NYIPLA) Fashion Law Committee are presenting a CLE event, Is It Obvious? Let's Reconsider...
    United StatesIntellectual Property
    Pryor Cashman LLP
    Pryor Cashman LLP
  • Article

    Judge Shubb Order Granting $144,715.70 In Attorney's Fees

    Click here to read Judge Shubb's decision in the National Grange of the Order of the Husbandry vs. California State Grange d/b/a "CSG" 9/9/16 awarding our client, the National Grange $144,715.70 in attorney's fees.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
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