Christopher P Bussert

October 24, 2024 | Law.com

Although pursuit of an appeal of an adverse ex parte decision from the Trademark Trial and Appeal Board to the Federal Circuit may under some circumstances prove to be quicker and less expensive, appeals to district courts are becoming increasingly attractive given recent changes in the law and USPTO practice in defending these actions. Based on the authors' recent experience in several such appeals, they can share the following lessons learned.

By Christopher P. Bussert and Jonathan E. Moskin

13 minute read

October 18, 2023 | Law.com

This article explores developments (both positive and negative) in the post-TMA world in which courts have wrestled with implementation of the presumption of irreparable harm in trademark cases.

By Christopher P. Bussert

13 minute read

November 22, 2022 | Law.com

Many trademark practitioners have noted the USPTO's recent penchant for issuing refusals to register trademarks on the ground of failure to function as a trademark. The Trademark Trial and Appeal Board picked a colorful case to set precedent and provide some initial guidance on how it will evaluate failure to function refusals going forward.

By Christopher P. Bussert

11 minute read

February 11, 2021 | New York Law Journal

Although many portions of the the Trademark Modernization Act of 2020 won't become effective until Dec. 27, 2021, it is the most significant trademark legislation since the landmark Trademark Law Revision Act of 1988.

By Christopher P. Bussert and Marc Lieberstein

9 minute read