Archive for 'Trademark'
Trademark Trial and Appeal Board (TTAB) Decisions May Have Preclusive Effect In Later District Court Litigation
Written By: Rex A. Donnelly, John W. McGlynn & Alyssa M. Pugh The U.S. Supreme Court held on March 24, 2015 in B&B Hardware, Inc. v. Hargis Industries, Inc. (No. 13-352) that decisions from the U.S. Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”), an administrative tribunal, may have preclusive effect, particularly with [...]
Posted: March 26th, 2015 under Trademark.
Supreme Court Issues First Trademark Ruling In Ten Years, Holding That Trademark Tacking Is A Factual Determination
Written By: Benjamin E. Leace, John W. McGlynn and Alyssa M. Pugh The U.S. Supreme Court ruled on a substantive trademark matter for the first time in ten years, holding in Hana Financial, Inc. v. Hana Bank (No. 13-1211) that trademark tacking is a factual determination properly reserved for the jury (the fact finder). This [...]
Written By: John W. McGlynn Many choose the beginning of the year to take stock and make changes personally and professionally. We clean out and re-organize closets, revisit and make budgets, and adopt new diet and exercise regimens. Why not do the same with your trademark portfolio?
Posted: January 13th, 2015 under Trademark.
By Stephanie S. Kelly The AIA amends 35 U.S.C. § 32 by adding between the third and fourth sentences the following language: “A proceeding under this section shall be commenced not later than
The Internet Corporation for Assigned Names and Numbers (ICANN) has just released the list of generic Top Level Domain (gTLD) applications filed from January 12, 2012 to May 30, 2012.
Posted: June 13th, 2012 under Trademark.
The Sunrise period for registration of .XXX domain names is open now through October 28, 2011. Brand owners who wish to prevent a sexually-explicit adult entertainment provider from registering [YOUR_BRAND].xxx, should take steps now to secure a blocking registration during the Sunrise period. The Sunrise Period has two tracks: Sunrise A and Sunrise B.
Posted: September 21st, 2011 under Trademark.
By John W. McGlynn. USPTO refuses to find fraud where trademark applicant relied on advice of counsel. This article was published in RatnerPrestia’s Insight Newsletter – Winter 2011. On September 13, 2010, the U.S. Patent and Trademark Office Trademark Trial and Appeal Board issued a decision further illustrating how difficult it will be to prove [...]
Posted: February 18th, 2011 under Trademark.