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ARTICLE · 13 SEPTEMBER 2017

A Big Year For Trademarks: Part 2

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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A lot happened in 2016, including in the world of trademark jurisprudence.

United StatesIntellectual Property
Douglas Rettew
Douglas Rettew
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A lot happened in 2016, including in the world of trademark jurisprudence. Last year brought several important decisions that will change the way companies and litigants approach trademark enforcement and protection. In this second instalment of two articles, we discuss five cases that address the constitutionality of the Lanham Act's bar on the registration of scandalous and immoral marks, the timing for acquiring fame when asserting a dilution action before the Trademark Trial and Appeal Board, when a consent agreement may not be enough to overcome a USPTO refusal, and the International Trade Commission's invalidation of Converse's 70-year sneaker design.

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