Put aside the WYHA?s and the TTABlog Tests. Sink your teeth into this Harvard Law Review note that strikes at the heart of trademark infringement doctrine: "Trademark Injury in Law and ...

I recommend this article by Raffi Zerounian and Justin Thiele of Hanson Bridgett, LLP, from The Trademark Laywer magazine (Issue 2 2021)...

As discussed in our prior post, the Supreme Court is poised to issue decisions in two cases about IPRs. The first case is Oil States Energy Services v. Greene's Energy Group...

IPR is a common way to challenge patents covering pharmaceutical compounds, often on grounds of obviousness.

That is the gist of a recent decision by the court, which permitted an IPR Petitioner to use "general knowledge" to fill in missing claim limitations...

Too often some challenger in IPR declines to use non-patent literature (or "NPL"), such as academic and trade journal articles, because of the effort and risk associated with establishing that the NPL is prior art.

On appeal of a PTAB decision that all claims in a patent on compressing video files were unpatentable, the Federal Circuit clarified two issues...

The Trademark Reporter has published its latest Annual Review of U.S. Trademark Cases: "The Seventy-Fourth Year of Administration of the Lanham Act of 1946,"...

In the latest issue of The Trademark Reporter, Professors Kal Raustiala (UCLA Law School) and Christopher Jon Sprigman (NYU School of Law) ...

The Board affirmed a refusal to register the mark GAUGEWEAR, in standard character form, for biometric data measurement devices (class 9) and various clothing items (class 25)...

The Board granted a petition for cancellation of a registration for the mark CROC-TAIL & Design for "alcoholic beverages, namely, ready to drink mixed alcoholic drinks...

The Trademark Trial and Appeal Board has scheduled one final hearing for the month of April 2020. For obvious reasons, the hearing will be held by video conference.

The USPTO is seeking applications for the position of Attorney Advisor (and more specifically, Interlocutory Attorney) at the TTAB.

The USPTO refused registration of the mark BREATHLESS under Section 2(e)(1), finding the mark to be merely descriptive of "promoting public awareness of" and "providing medical information regarding" idiopathic fibrosis, its symptoms, its prevention and its treatment

AAN Holding, LLC. applied to register the mark GOAT GREATEST OF ALL TIME for vodka, but the USPTO refused registration on the ground of Section 2(e)(1) mere descriptiveness.

The Board has reached back and deemed precedential its May 3, 2019 decision granting Coca-Cola's Rule 2.133...

On May 24, 2018, the USPTO issued "Examination Guidance for Compliance with Section 2(a)'s Scandalousness Provision While Constitutionality Remains in Question during Period to Petition...

Judicial estoppel is an equitable doctrine that precludes a party from taking a position in one proceeding that is inconsistent with a position the party took in a previous proceeding.

Expert testimony is a feature of most IPRs, and effective expert testimony can make or break a party's position.

[This is a guest post by Susmita Gadre, a rising 3-L at Northeastern University School of Law, and a summer associate at Wolf, Greenfield & Sacks, P.C.].