Federal Circuit Guidance on Trademark Webpage Specimens

May, 7th, 2019

By Walter B. Welsh A webpage qualifies as use in commerce if it is a point-of-sale. A recent precedential decision, In re Siny Corp., provides guidance on what constitutes a point-of-sale. This article discusses that [Read More…]

USPTO Launches Expedited Cancellation Pilot Program for Unused Trademarks

January, 30th, 2019

On January 22 the USPTO announced a pilot program to streamline cancellation proceedings for allegedly abandoned and unused trademarks.  Under this program, once an answer is filed, the assigned TTAB Interlocutory Attorney has the parties [Read More…]

WHIPgroup Argues Federal Circuit Appeal

January, 9th, 2019

WHIPgroup partner Michael J. Kosma argued an appeal on behalf of Connecticut-based Hybrid Athletics before the Federal Circuit on Monday, January 7. The appeal, brought by Hylete LLC, stemmed from a trial before the Trademark [Read More…]

Trademark Registration: An Essential Step to Protecting Your Business

December, 21st, 2018

By Walter B. Welsh In today’s internet-based economy, achieving and maintaining brand exclusivity is critical to driving customer traffic to your business. A recent analysis of consumer products sold through e-commerce sites shows 75% of [Read More…]

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…]

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