Searching Content indexed under Trademark by Finnegan, Henderson, Farabow, Garrett & Dunner, LLP ordered by Published Date Descending.
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Rogers Gets A Rewrite: District Court Modifies First Amendment Analysis For Lanham Act Claims
Since the 1989 case of Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989), courts have applied the Rogers test when an artistic work is alleged to have infringed...
United States
18 Oct 2019
Balancing GDPR Rights And TM Owner Need For Domain Data
Trademark law serves two purposes. It protects the consuming public from confusion and counterfeits, as well as a brand owner's investment in valuable brand names.
United States
10 Oct 2019
Comparative Legal Guide, Intellectual Property
In this Q&A, Finnegan attorneys Brian Kacedon, Adriana Burgy, Marcus Childress, Samhitha Medatia, and Christina Yang provide an overview of intellectual property laws and regulations
United States
3 Oct 2019
TTAB Eighty-Sixes BIG SIX Trademark
Last month, the US Trademark Trial and Appeal Board (TTAB) found that the mark BIG SIX was generic for wine and upheld the Examining Attorney's refusal to register the mark as a result.
United States
2 Oct 2019
What's In A Name? TTAB Finds No Likely Confusion Between "Richard" And "Ricardo"
Applying the doctrine of foreign equivalents before the Trademark Trial and Appeal Board (the "Board") just got more complicated
United States
27 Sep 2019
Duel by Moonlight: Ex-Licensee Enjoined from Using Knockoff Certification Mark
USA-Halal waited too long to seek a preliminary injunction, and thus was not experiencing irreparable harm.
United States
24 Sep 2019
Prove It Or Lose It: Adidas AG's Loss Of Rights In The EU Serves As Another Stark Reminder Of The Importance Of Sufficient Evidence Of Use
By way of background, in 2014 Shoe Branding Europe filed an invalidation action against adidas AG's EU Registration No. 12442166
United States
10 Sep 2019
Failed ACPA Case Might Have Been A Successful UDRP Complaint
Brand owners seeking to acquire a cybersquatting domain name may file either a lawsuit under the Anti-cybersquatting Consumer Protection Act ("ACPA") or an arbitration complaint under the
United States
9 Sep 2019
Prosecution Pointer 188
If a request for prioritized examination (Track One) was dismissed, the USPTO will refund automatically the Track One Prioritized examination fee under 37 CFR 1.17(c)
United States
26 Aug 2019
Concealed Registration Data Under The GDPR Complicates UDRP Complaints
A recent case from the World Intellectual Property Organization ("WIPO") illustrates new challenges brand owners face in domain name disputes through the Uniform Domain-Name
United States
20 Aug 2019
Prosecution Pointer 187
The electronic priority document exchange (PDX) program avoids the fee associated with ordering certified priority document for each office of subsequent
United States
16 Aug 2019
What Lessons Can Be Learnt From A Recent CJEU Decision Concerning Red Bull's Colour-Combination Marks?
Securing colour trade mark registrations in the EU can be challenging. The EU trade mark Registry faces the difficult task of balancing the rights provided
9 Aug 2019
Prosecution Pointer 183
What are e-Petitions? It is an electronically filed petition, submitted via EFS-Web that automates the petition process and allows petitioners to directly input the requisite information into a secure
United States
26 Jul 2019
Prosecution Pointer 182
The USPTO indicates that the deadline for migration from an old PKI certificate to a account is July 16.
United States
23 Jul 2019
Podcast Series: Last Month At The Federal Circuit - May 2019
Welcome to the Last Month at the Federal Circuit—a look at recent decisions from the U.S. Court of Appeals for the Federal Circuit impacting the intellectual
United States
17 Jul 2019
Supreme Court Holds That Bankrupt Trademark Licensors Cannot Terminate Licensee's Rights
The Supreme Court recently held that if a bankrupt trademark licensor rejects a trademark licensing agreement during bankruptcy proceedings the
United States
16 Jul 2019
Transfer Of Trademark Ownership Was Not Undone By A Subsequent Agreement Concerning Patents And Know-How
The Third Circuit found language of a first agreement was unambiguous in transferring ownership of a trademark, and that a subsequent agreement relating to patents and know-how provided no basis for revoking or affecting...
United States
11 Jul 2019
SCOTUS: Lanham Act's Ban On Registration Of "Immoral Or Scandalous" Marks Unconstitutional
Two years ago, in Matal v. Tam, the Supreme Court invalidated the Lanham Act's ban on the registration of offensive trademarks.
United States
5 Jul 2019
Trademark Licenses Survive Bankruptcy, Says The Supreme Court
Can a trademark licensee continue using a licensed trademark (legally, that is) even after the licensor has declared bankruptcy and—as allowed by the Bankruptcy Code
United States
13 Jun 2019
A Piece Of Federal Circuit History: It's A Little Cheesy
One of the most cited decisions issued by the Federal Circuit is University of Notre Dame Du Lac v. J.C. Gourmet Food Co., Inc., 703 F.2d 1372 (Fed. Cir. 1983).
United States
11 Jun 2019
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