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Searching Content indexed under Trademark by Jones Day ordered by Published Date Descending.
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1
ITC's Trademark Decisions May Have Preclusive Effect, After All
The Federal Circuit recently vacated part of its decision from three months ago, which held that "the Commission's trademark decisions, like its patent decisions, do not have preclusive
United States
12 Sep 2019
2
The U.S. Supreme Court Rules That Rejection Of A Trademark License Agreement In Bankruptcy Does Not Strip The Licensee Of Its Right To Use The Trademark
In Mission Product Holdings, Inc. v. Tempnology, LLC, 139 S. Ct. 652, 2019 WL 2166392 (U.S. May 20, 2019), the U.S. Supreme Court ruled that the rejection in bankruptcy of a trademark license agreement.
United States
11 Sep 2019
3
United States
10 Sep 2019
4
Jones Day's Women In IP Initiative (Video)
How it started, its programming and networking objectives, and its value to women lawyers careers in IP law.
United States
9 Jul 2019
5
Supreme Court Holds Immoral And Scandalous Trademarks Are Registrable
The immediate effect of this decision is that the PTO will not have a statutory basis to refuse trademark applications for marks containing or comprising vulgar, profane, or obscene matter.
United States
2 Jul 2019
6
Consequences Of The PACTE Act On IP Litigation In France
PACTE, adopted on April 11, 2019, and promulgated on May 23, 2019, amends the statute of limitations applicable to industrial property rights litigation to the benefit of rights holders.
France
19 Jun 2019
7
"Rejection" Of A Trademark License In Bankruptcy Is A Breach, Not A Rescission
Bankruptcy protection under Section 365 does not give brand owners/debtor-licensors the unilateral right to rescind trademark licensing agreements.
United States
31 May 2019
8
ITC's Trademark Decisions Are Not Entitled To Preclusive Effect
Last week the Federal Circuit held that, like patent decisions, ITC decisions pertaining to trademark infringement and validity are not entitled to preclusive effect. Swagway v ITC, No. 2018-1672 (May 9, 2019).
United States
20 May 2019
9
Supreme Court Will Decide Whether "All The Expenses" Includes "Attorneys' Fees"
As we wrote previously, the Federal Circuit sitting en banc held that a patent applicant can seek district court review of a PTO rejection of its application without having to pay for the time the PTO's attorneys spent on the case.
United States
15 Mar 2019
10
United States
19 Feb 2019
11
The ITC Is Not Just For Patents – Brand Owners Are Welcome Too
When people think of actions filed with the International Trade Commission (ITC) under section 337 of the Tariff Act of 1930, they likely think of patent infringement cases.
United States
23 Jan 2019
12
From The Top: Supreme Court Agrees To Consider Impact Of Trademark License Agreement Rejection In Bankruptcy
On October 26, 2018, the U.S. Supreme Court granted a writ of certiorari in Mission Products Holdings, Inc. v. Tempnology, LLC, No. 17-1657, 2018 WL 2939184 (U.S. Oct. 26, 2018).
United States
27 Dec 2018
13
United States
19 Dec 2018
14
Trademark And Trade Dress: What To Consider For Secondary Meaning?
As explained in a recent Jones Day Commentary here, the Federal Circuit clarified the tests for determining secondary meaning and trade dress infringement.
United States
15 Nov 2018
15
Sole Survivor: Federal Circuit Rejects ITC Determination That Converse Trade Dress Is Invalid
For the infringement analysis, the court held that the accused products must be substantially similar to the protected trade dress.
United States
11 Nov 2018
16
Indefiniteness Again Leads To Unsuccessful IPR Challenge
The PTAB may institute IPR proceedings only on the basis of certain prior art that is potentially invalidating under § 102 (novelty) or § 103 (obviousness).
United States
23 Oct 2018
17
PTAB/TTAB Hearings May Be Coming To A Law School Near You
Practitioners, law school students, and anyone who wants to learn about practice before these administrative tribunals are encouraged to attend.
United States
25 Sep 2018
18
Jones Day Talks Intellectual Property: The Women In IP Law Initiative
Jones Day's "Women in IP" Initiative addresses the historic underrepresentation of women in intellectual property law with topical programming, networking opportunities, strategic mentoring arrangements, and a popular speaker series.
United States
2 Sep 2018
19
Fear No Fees: No Payment Of PTO Attorneys' Fees For District Court Patent Review
On July 27, 2018, the U.S. Court of Appeals for the Federal Circuit issued its en banc opinion in NantKwest, Inc. v. Iancu, No. 16-1794 (Fed. Cir. July 27, 2018),
United States
14 Aug 2018
20
Federal Circuit: "All The Expenses" Does Not Mean "Attorneys' Fees"
Last Friday, the Federal Circuit issued its en banc opinion in NantKwest, Inc. v. Iancu, No. 16-1794 (Fed. Cir. July 27, 2018). The Court held, by a 7-4 vote (Judge Chen, the former PTO Solicitor, was recused) ...
United States
13 Aug 2018
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