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 ThemselvesUSPTO’s Guidance on AI-Based Tools
Earlier this month, the United States Patent and Trademark Office (USPTO) and the United States Department of Commerce issued guidance on the use of artificial intelligence tools when practicing before
Continue Reading USPTO’s Guidance on AI-Based ToolsNAD Rejects Use of R Symbol
Earlier this month, the National Advertising Division (NAD) of the Better Business Bureau (BBB) announced a recommendation that Planting Hope Brands, LLC discontinue use of the ® (registered trademark symbol)
Continue Reading NAD Rejects Use of R SymbolUSPTO’s New Assignment Center
The United States Patent and Trademark Office (USPTO) has announced the retirement of its Electronic Patent Assignment System (EPAS) and Electronic Trademark Assignment System (ETAS) and the launch of its
Continue Reading USPTO’s New Assignment CenterNew USPTO Madrid Protocol Webpages
The United States Patent and Trademark Office (USPTO) recently issued a bulletin on the New Madrid Protocol webpages for international trademark applicants (govdelivery.com). Specifically, the USPTO explains that its
Continue Reading New USPTO Madrid Protocol WebpagesTaco Tuesday for All?
After years of owning the trademark registration “Taco Tuesday,” Taco Johns has agreed to drop it after Taco Bell petitioned the U.S. Patent and Trademark Office to have the registration
Continue Reading Taco Tuesday for All?Summerfest Files Federal Lawsuit Against TC Summer Fest for Trademark Infringement
Last weekend, July 14 and July 15, 2023, TC Summer Fest put on an event, touted as the “biggest rock weekend of the year” with a “two-day festival-style
Continue Reading Summerfest Files Federal Lawsuit Against TC Summer Fest for Trademark InfringementSCOTUS Rules in Favor of Jack Daniel’s
A few months back, I wrote about the U.S. Supreme Court’s decision to engage in some “whiskey business.” Now, after hearing Jack Daniels’s appeal, SCOTUS has ruled in favor of
Continue Reading SCOTUS Rules in Favor of Jack Daniel’sWhen Football & TMs Don’t Mix
Anyone who’s followed this blog knows that I’ve done a few (really more than a few) posts about the evolution of the Washington football team’s trademark battles. As a reminder
Continue Reading When Football & TMs Don’t Mix