In a recent precedential cancellation decision, the Trademark Trial and Appeal Board (“Board”) partially granted Respondent’s motion for summary judgment, holding that the parties’ stipulation that prior proceedings between them
Continue Reading TTAB Practitioners Beware: TTAB Dismissals With Prejudice, but Without Judgment, Can Support a Claim Preclusion DefenseThe U.S. Supreme Court Unanimously Rules That Successful Trademark Plaintiffs Cannot Recover Profits from Named Defendants’ Affiliates Without Suing the Affiliates Themselves
On February 26, 2025, the U.S. Supreme Court unanimously vacated a nearly $43 million award in a trademark dispute that raised the question of whether a defendant’s affiliates could be
Continue Reading The U.S. Supreme Court Unanimously Rules That Successful Trademark Plaintiffs Cannot Recover Profits from Named Defendants’ Affiliates Without Suing the Affiliates ThemselvesThe First U.S. AI Copyright “Fair Use” Ruling Favors Copyright Owners
Yesterday, in the first U.S. ruling on the closely scrutinized question of fair use in the AI-related copyright litigation context, U.S. Circuit Judge Stephanos Bilbas, sitting in the U.S. District
Continue Reading The First U.S. AI Copyright “Fair Use” Ruling Favors Copyright OwnersFair Warning to Parties Choosing to Flout TTAB Discovery Orders: Comply or Suffer the Consequences
On January 23, 2023, the Trademark Trial and Appeal Board (the “Board”) issued a harsh reminder to parties of the potential adverse consequences of ignoring their discovery obligations and failing
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The Federal Circuit Deals Another Blow to the Lanham Act, Finding Section 2(c) Unconstitutional as Applied to a Refusal to Register TRUMP TOO SMALL
Last week, the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed a TTAB decision affirming a refusal to register the phrase TRUMP TOO SMALL because it “comprises
Continue Reading The Federal Circuit Deals Another Blow to the Lanham Act, Finding Section 2(c) Unconstitutional as Applied to a Refusal to Register TRUMP TOO SMALL
The TTAB: Service Mark Use Requires More Than Just Preparation
On December 10, 2021, the TTAB issued a precedential decision reminding trademark practitioners and applicants that service mark use requires that an applicant actually render the services recited in the
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The USPTO Issues Regulations Implementing the Trademark Modernization Act of 2020
Today, the USPTO issued regulations implementing the provisions of the Trademark Modernization Act of 2020 (“TMA”). The Regulations can be found here.
Practitioners should review the Regulations as soon
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The TTAB: “Knowing Intent to Deceive” is the Lynchpin of A Fraud Claim
All TTAB practitioners are familiar with the heightened standard of proof required to prove fraud before the USPTO. However, many forget that proving an intent to deceive the USPTO, not
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Be Precise When Expressly Abandoning a Trademark Application or Face the Consequences
In a recent precedential decision, the Trademark Trial and Appeal Board (“TTAB”) cautioned practitioners to be careful what they ask for and to draft their filings accordingly.
On September 8,
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Precedential TTAB Decision Revisits Claim and Issue Preclusion
In a recent precedential decision, the TTAB again revisited the doctrines of claim and issue preclusion.
Valvoline Licensing & Intellectual Property LLC (“Valvoline”) opposed Sunpoint International Group USA Corp.’s (“Sunpoint”)
Continue Reading Precedential TTAB Decision Revisits Claim and Issue Preclusion