Outcome-Secured Litigation Financing: Offsetting Your Costs

June, 19th, 2018

By Christopher J. Stankus & Michael J. Harris Is a competitor infringing your patent, but you can’t afford the legal fees to pursue your claim? Or would you rather invest capital to grow your business instead of paying [Read More…]

A “Golden Knight” Duel at the TTAB

January, 31st, 2018

  By Mackenzie L. Long When you think of the Las Vegas Golden Knights hockey team do you think of the U.S. Army? In 2016 the National Hockey League (NHL) approved the expansion bid for [Read More…]

Korean Trademark Rights Melt at the TTAB

October, 31st, 2017

By Chelsea A. Russell In the digital age, it is commonplace for consumers to be familiar with companies and products not for sale in their country. The internet has created a market in which companies [Read More…]

WHIPgroup Files New Opposition at TTAB over INFINITY®

October, 23rd, 2017

WHIPgroup has filed a trademark Notice of Opposition on behalf of its client Mirage Granito Ceramico SPA (“MGC”) with the Trademark Trial and Appeal Board, Opp. No. 91237302. MGC is an Italian company which sells [Read More…]

Photographic Design Creates Same Commercial Impression as Applied-for Line Drawing

October, 13th, 2017

By Walter B. Welsh A specimen showing a photographic depiction of a design mark satisfied use requirements for an applied-for line drawing despite apparent visual differences because the differences were inconsequential and did not change the [Read More…]

Earnhardt Family Races Through Federal Circuit Over Surname

August, 8th, 2017

By Christopher J. Stankus On July 27, 2017, the Federal Circuit vacated and remanded for reconsideration the TTAB’s finding that the mark EARNHARDT COLLECTION is not primarily merely a surname because it was unclear whether [Read More…]

Supreme Court Rules Disparagement Refusals Unconstitutional—Will Scandalous Refusals Be Next?

July, 14th, 2017

By Chelsea A. Russell On June 19, 2017, the Supreme Court expanded trademark protection in its much-awaited ruling of Matel v. Tam, 582 US ___ (2017). The Lanham Act has long held that a trademark [Read More…]

Gene Simmons’ Gesture of Love…or Devil Horns. Can’t tell…

June, 23rd, 2017

By Christina L. Winsor Gene Simmons a/k/a “the Demon” and famous rocker of the band KISS filed a US Federal trademark application, Serial No. 87482739, on June 9, 2017 for “his” devil horns hand gesture [Read More…]

While Fame Is All-Or-Nothing For Some And Relative For Others, This Is Not To Be Confused At The TTAB

June, 7th, 2017

By Michael J. Kosma In Joseph Phelps Vineyards, LLC v. Fairmont Holdings, LLC, [2016-1089] (May 24, 2017), the Federal Circuit was “perplexed” by the TTAB’s finding that Phelp’s INSIGNIA wine has no “fame,” giving no [Read More…]

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