Intellectual Property

Recent Posts

Should High Volume Registrants Be Held to a Higher Standard of Diligence?
Posted on 22 Jul 2008 by Gerald M. Levine

There is a division among panelists whether high volume registrants in the pay-per-click (“PPC”) landing page business should be held to a higher standard for vetting their acquisitions. The PPC business was not dreamed of in the UDRP foundation... Read More

Why Legal and Marketing Conflict on How to Choose a Trademark
Posted on 10 Apr 2013 by Sands Anderson PC

by Donna Ray Berkelhammer If you work with startups as I do, one of the first issues is choosing the company or product name. I have worked with countless marketing companies that advised their clients to "be descriptive" when selecting... Read More

In Eco-mark Examination USPTO Getting into Anti-Greenwashing
Posted on 24 Oct 2014 by Eric L. Lane

A recent article in the New York Law Journal caught my attention for an interesting development in examination of eco-mark applications in the U.S. Patent and Trademark Office (USPTO). We’ve known for some time that marks containing terms such as... Read More

Fraud in less than all classes of a multiple-class registration: G&W Laboratories, Inc. v. G W Pharma Limited, 2009 TTAB LEXIS 2 (January 29, 2009)
Posted on 13 Feb 2009 by brian.scanlon placeholder

In G&W Laboratories, Inc. v. G W Pharma Limited, 2009 TTAB LEXIS 2 (January 29, 2009) , GW Pharma (Pharma) filed a trademark application, and an opposition was commenced by G&W Laboratories (Labs), which owned multiple-class trademark registrations... Read More

Marin Santacruz & Asociados: Colombia Adopts "The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks" By Law 1455 of June 29, 2011
Posted on 25 Jul 2011 by Marin Santacruz & Asociados

By: Rosa Margarita Santacruz and Germán Marín The Colombian government has approved the adhesion of Colombia to the mentioned Madrid Protocol, by means of law 1455 of June 29, 2011, which shall enter into force upon the exhaustion... Read More

US Patent & Trademark Office Cancels Washington Redskins Trademark Registrations
Posted on 19 Jun 2014 by LexisNexis Legal Newsroom Staff

by Elizabeth Papendorp The Trademark Trial and Appeal Board (TTAB or the Board), an adjudicatory division of the United States Patent and Trademark Office, issued a decision on June 18, 2014 cancelling six trademark registrations previously granted... Read More

Could the ATJs Learn Something From the APJs Concerning Handling Fraud Issues?
Posted on 9 Mar 2010 by Charles Gholz

In re Bose Corp ., 580 F.3d 1240 (Fed. Cir. 2009) overruled the Trademark Trial and Appeal Board's (TTAB) opinion in Medinol v. Neuro Vasx, Inc ., 2003 TTAB LEXIS 227 (Trademark Trial & App. Bd. May 13, 2003) , which held that, when determining... Read More

Sunstein Kann Murphy & Timbers LLP: Crazy In Love With Trademarks: What Can Jay-Z and Beyoncé Teach Us About Trademark Filing?
Posted on 2 May 2012 by Sunstein Kann Murphy & Timbers LLP

By Steven Abreu , a member of our Trademark Practice Group U.S. trademark applications are matters of public record. When celebrity super-couple Jay-Z and Beyoncé filed a trademark application for their infant daughter's name, Blue Ivy... Read More

Accelerating inter partes proceedings
Posted on 2 Sep 2009 by Copyright & Trademark Law Community Staff

The Trademark Trial and Appeal Board (TTAB) offers both pre-trial final disposition on the merits, or abbreviated trial on the merits, of inter partes cases via Accelerated Case Resolution (ACR). TTAB claims greater flexibility for inter partes proceedings... Read More

Hot Off the Press: Supreme Court of Canada Confirms First to Use Trade-mark Principle
Posted on 1 Nov 2011 by Ashlee Froese

By Ashlee Froese of Keyser Mason Ball LLP For the first time since 2006, the Supreme Court of Canada ("SCC") has issued a decision on trade-marks law ( Masterpiece Inc v Alavida Lifestyles Inc. 2011 SCC 27 [ enhanced version available to... Read More

It’s No Use: Why Chevy’s BOLT Trademark Isn’t (Necessarily) a New Brand
Posted on 24 Sep 2014 by Eric L. Lane

There is some curious eco-mark news to report: apparently, last month General Motors filed two notable U.S. trademark applications, one for BOLT and the other for CHEVROLET BOLT. They are Application Nos. 86357513 and 86357523 (BOLT Applications),... Read More

McNees Wallace & Nurick LLC: Why Wait To Register? Trademark registrations are quickly becoming the only cost effective means to defend brands online
Posted on 15 May 2012 by McNees Wallace & Nurick LLC

By Brian P. Gregg Investing in a trademark registration is becoming the only effective means for defending a brand online at relatively modest costs. Business owners who do not own federal registration for their trademarks are seeing their ability... Read More

Kenyon & Kenyon Case Summary: Cigar King, LLC v. Corporacion Habanos, S.A.
Posted on 29 May 2014 by Kenyon & Kenyon LLP

by Cynthia Lambert Hardman , Scott Forman , and Anne E. Li Summary: CAFC finds appeal of Board’s decision to cancel trademark registration moot. Case: Cigar King, LLC v. Corporacion Habanos, S.A. , No. 2013-1531 (Fed. Cir. May 23, 2014) (non... Read More

Redskins Trademarks – Answers to Key Questions Regarding Recent Ruling
Posted on 15 Jul 2015 by Sands Anderson PC

by Chris Mackenzie Last week, the U.S. District Court sitting in Alexandria, Virginia granted what would appear to be a sweeping victory to a group of five Native Americans who have renewed attempts to cancel the federal registrations of certain trademarks... Read More

EDVA Upholds Decision to Cancel Redskins Trademark Registrations — First and Fifth Amendment Challenges to Section 2(a) Still Up for Debate
Posted on 13 Jul 2015 by Troutman Sanders

by Julia Bishop Eastern District Court Judge Lee upheld the USPTO Trademark Trial and Appeal Board’s (TTAB) decision to cancel several REDSKINS trademark registrations. Pro-Football, Inc. v. Amanda Blackhorse et al. , No. 1:14-cv-01043-GBL-IDD... Read More