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Promises Made, Promises Not Kept: Even an Implied License Requires Compliance With Its Terms

BITMANAGEMENT SOFTWARE GMBH v. UNITED STATES Before NEWMAN, DYK, and O’MALLEY, Circuit Judges.  Appeal from the United States Court of Federal Claims. Summary: The U.S...

Collateral Estoppel in AIA Trial Proceedings

Inconsistency Across Related Cases is Precluded When challenging related patents at the Patent Trial & Appeal Board (PTAB), it is not uncommon to present similar grounds of...

Patexia Insight 100: Patents Down in 2020 and the downtrend May Continue

Last year we wrote about the impact of the pandemic on the US patent activity and the patent prosecution practice (Patexia Insight 79). We estimated a drop of 2 to 4 percent in the...

Fresh From the Bench: Latest Federal Circuit Court Cases

CASE OF THE WEEK John Bean Technologies Corporation v. Morris & Associates, Inc., Appeal Nos. 2020-1090, -1148 (Fed. Cir. Feb. 19, 2021) Our Case of the Week this week focuses on ...

Feed tagged as "trademark":
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 »
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 »
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