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Fresh From the Bench: Latest Federal Circuit Court Cases

CASE OF THE WEEK Chemours Company FC, LLC v. Daikin Industries, Ltd., Appeal Nos. 2020-1289, -1290 (Fed. Cir. July 22, 2021) In this week’s Case of the Week, the Federal...

3 Steps for an Effective Copyright Protection

One of the basic principles of the Berne Convention is that of “automatic protection”, which means that copyright protection exists automatically from the time a qualifying ...

Feed tagged as "trademark":
Patent litigation remained strong in the second quarter of 2021. District court litigation, in particular, increased 11% in Q2 compared to Q1. Inter-Partes Review... Read More »
Tomorrow, we are releasing our inaugural Trademark Prosecution Intelligence Report. Similar to our other Insight Reports, for this, we evaluated more than 2.6 million ... Read More »
Tomorrow, we are releasing our Third Annual Patent Prosecution Intelligence Report, where we have analyzed the patent prosecution data for five consecutive years... Read More »
The TTAB has affirmed a refusal to register the trade dress configuration mark (see below) of the popular Timberland boot, a wardrobe staple in hip-hop culture (see... Read More »
In April 2021, big-box retailer Walmart Apollo, LLC (“Walmart”) filed a trademark opposition against Yeezy LLC’s (“Yeezy”) U.S... Read More »
Earlier this March, we released our second annual ITC Intelligence Report where we examined every ITC investigation and covered high-level statistics about ITC... Read More »
2020 Pandemic brought so many changes to our life styles. Some speculate that the huge rise in patent litigation was due to COVID-19. While pandemic might have had... Read More »
On November 30, 2020, New York Governor Andrew Cuomo signed into law New York Senate Bill S5959D, an amendment to New York’s right of publicity law to provide... Read More »
On October 27, 2020, the District Court in the Western District of Texas issued its Final Judgment in L’Oreal USA Creative, Inc. v. Drunk Elephant, LLC... Read More »
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 »
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