When two parties own very similar marks used in connection with related goods, the courts are not going accept the likelihood of confusion, even if the parties themselves are willing to risk it.

On September 29, 2016, the U.S. Supreme Court agreed to decide a case challenging the constitutionality of a law prohibiting registration of degrading trademarks with the USPTO.

The Federal Circuit reversed the final decision of an inter partes review proceeding because the Patent Trial and Appeal Board never established a prima facie basis for its obviousness determination.

The technology at issue in this case relates to the production of orthodontic appliances, also known as aligners.

Unlike in federal district court, a party in a 337 Investigation, who redesigns a product after having been found to infringe a patent, may petition the International Trade Commission (the "Commission") for an "advisory opinion" on whether the new design is subject to an existing exclusion order.

On January 14, 2013, President Obama signed into law a "technical corrections" bill that amends provisions of the Leahy-Smith America Invents Act (AIA), the recently enacted patent reform legislation.

"Where is the love?" is the title of one of pop band The Black Eyed Peas' early hits. Right now it's likely also the lament of front-man William Adams, famous as will.i.am, one of the musical group's prominent members.

On June 1, 2015 Scott Slavick's article, "New life for Naugles? Del Taco dinged at TTAB," was published in InsideCounsel.

Famed marks get infamous imitators. In 2008, Innovation Ventures, which owns the hugely successful 5-Hour Energy brand, sued imitator N2G for marketing a product named 6-Hour Energy Shot. It won.

The Supreme Court recently issued its long-awaited ruling in Federal Trade Commission v. Actavis, Inc. et. al., No. 12-416 which was centered on the question of whether "reverse payment" settlement agreements unreasonably diminish competition in violation of the antitrust laws.

Primarily geographically deceptively misdescriptive. It's hard to say, and even harder to overcome when your trademark application has been so deemed by the USPTO.

In a decision common to all five of the pending IPR's between CAD and Celgene, the PTAB first rejected Celgene's argument that CAD's profit motive was an abuse of the IPR process...

Trademark applicant Do Something! Inc. failed to persuade the TTAB that its applied-for mark, pregnancy text, was more than solely descriptive of its services "featuring a simulated pregnancy experience in mobile wireless form." - See more at: http://www.brinksgilson.com/girl-interrupted-literally#sthash.r9autiTF.dpuf

The article discusses TTAB affirmation refusal of ‘4D’ as merely descriptive and as deceptively misdescriptive for amusement park attraction.

On April 4, 2016 the United States Senate unanimously passed the Defend Trade Secrets Act (S. 1890). The bill intends to establish for the first time a uniform national trade secret protection standard. - See more at: http://www.brinksgilson.com/senate-passes-dtsa-2016#sthash.jXwk84YT.dpuf

On Tuesday, March 25, the Supreme Court issued its ruling in Lexmark International Inc. v. Static Control Components, Inc., No. 12-874, resolving a circuit split on the Lanham Act’s standing requirements for a false advertising cause of action.

In its recent In re: Nuvasive, Inc. decision, the Federal Circuit on November 9, 2016 found that the PTAB in an inter partes review proceeding violated a patentee's rights under the APA.

As post-grant proceedings before the PTAB continue to gain popularity for their ability to invalidate supposedly "bad" patents, filings of declaratory judgment actions by alleged patent infringers appear to be going down.

The Patent Trial and Appeal Board (PTAB) recently issued its first-ever order granting attorneys' fees to a party engaged in an inter partes review (IPR) proceeding. - See more at: http://www.brinksgilson.com/ptab-grants-first-ever-attorneys-fees-award-in-ipr#sthash.1rPVyoY7.dpuf

As part of its annual "Special 301" identification and review of countries that deny adequate and effective protection of IP rights or deny fair and equitable market access to U.S. persons...