Innovation, Technology, and IP News
Data Breach: No Injury-in-Fact, Case Dismissed
It well known that there are, unfortunately, many data breaches that frequently put private citizens’ data privacy in jeopardy. States have passed a variety of statutes...
To Limit or Not to Limit: What Is the Basis of Your Prior Art Distinction During Prosecution?
VECTURA LIMITED v. GLAXOSMITHKLINE LLC Before Prost, Bryson, and Wallach. Appeal from the United States District Court for the District of Delaware Summary: Distinguishing...
PTAB Adds Online Interface for POP Related Amicus Requests
Online Form Will Simplify Request Procedure To date, in order to submit an amicus brief in a PTAB case selected for Precedential Opinion Panel (POP) consideration, an interested party ...
Feed tagged as "trademark":
Trademark generates approximately 10 percent of the USPTO annual revenue or about $350M. Compared to patents, this is much smaller, but our data shows that more than... Read More »
The U.S. Court of Appeals in the Second Circuit found in favor of Costco in the latest chapter of an over seven-year legal battle between Tiffany and Co... Read More »
On June 19, 2020, Kim Kardashian West’s (“Kardashian West”) company KKW Beauty, LLC (“KKW”) was sued in California Superior Court by its ... Read More »
AUSTRALIAN THERAPEUTIC v. NAKED TM, LLC
Before O’Malley, Reyna, and Wallach. Appeal from the Trademark Trial and Appeal Board
Summary: Standing to ... Read More »
Before the Supreme Court of the United States. On Writ of Certiorari from the United States Court of Appeals for the Fourth Circuit.
Summary: A term styled... Read More »
With social media popularity comes more followers. With more followers comes opportunities to market products online. But as the wellness-company Teami discovered... Read More »
On April 10, personal protective equipment (“PPE”) manufacturer 3M filed suit against Performance Supply LLC for trademark infringement, deceptive... Read More »
About 40 years ago, marketing strategists Al Ries and Jack Trout offered the world a way to think about making a brand memorable. The best way to be remembered... Read More »
ROMAG FASTENERS, INC. v. FOSSIL, INC.
Before the Supreme Court of the United States. On Writ of Certiorari to the United States Court of Appeals for the... Read More »
The U.S. Patent and Trademark Office (USPTO) allows for a trademark application to be filed on an “Intent to Use” basis to establish a priority date... Read More »
In April 2019, outdoor apparel company Patagonia, Inc. sued Anheuser-Busch, LLC in the District Court for the Central District of California. Patagonia brought eight... Read More »
The U.S. Patent and Trademark Office (USPTO) allows for a trademark application to be filed on an “Intent to Use” basis to establish a priority date... Read More »
SWAGWAY, LLC v. ITC [REVISED OPINION - PRECEDENTIAL]
Before Dyk, Mayer, and Clevenger. Appeal from the International Trade Commission... Read More »
A decision from the Federal Circuit clarified how the USPTO should analyze evidence of fame under the fifth DuPont factor. The decision sheds light on how... Read More »
HYLETE LLC v. HYBRID ATHLETICS, LLC
Before Moore, Reyna, and Wallach. Appeal from the Trademark Trial and Appeal Board.
Summary: Absent exceptional... Read More »
SWAGWAY, LLC V. ITC
Before Dyk, Mayer, and Clevenger. Appeal from the International Trade Commission.
Summary: Trademark decisions of the International... Read More »
Supreme, the popular New York-based American streetwear brand, known by its iconic logo, was created by founder/CEO James Jebbia. Despite its highly... Read More »
Before Newman, Linn, and Dyk. Appeal from the United States District Court for the District of Oregon.
Summary: The Trademark Act’s definition... Read More »
Before Prost, Lourie and Stoll. Appeal from the Trademark Trial and Appeal Board.
Summary: In evaluating whether a webpage printout is an acceptable... Read More »
Eliya Inc., known for its BERNIE MEV® shoes, filed a declaratory judgment action against Skechers on January 29, 2019 in the U.S. District Court for the Southern... Read More »
