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Trademark news and analysis from the courts and the USPTO
By Michael Schwab | August 27, 2023
This article discusses how the U.S. Supreme Court, in a unanimous decision, vacated a decision by the U.S. Court of Appeals for the Ninth Circuit that in effect barred trademark infringement and dilution claims against the use of a trademark that parodies the plaintiff's trademark.
8 minute read
By Alan Behr | August 27, 2023
Leave it to the U.S. Supreme Court to create an elegant intercession between Frank Sinatra's favorite whiskey and one of the world's most coveted handbags. In this article, Alan Behr discusses applications of the Rogers test with focus on the Hermès v. Rothschild and Jack Daniel's Properties v. VIP Products cases.
9 minute read
By Benjamin S. Thompson and Robert X. Moorman | August 27, 2023
This article discusses the Nike v. USAPE case and examines the potential effects and dangers of a wait-and-see approach in trademark enforcement.
9 minute read
By Mike Mitchell, Ed Roche and Mark Rothrock | August 24, 2023
Recently, the United States Court of Appeals for the Fourth Circuit considered whether "gruyere" cheese can be registered as a trademark in the United States, or whether it is merely a generic term that is not entitled to trademark protection.
5 minute read
By ALM Staff | August 23, 2023
This suit was surfaced by Law.com Radar. Read the document here.
1 minute read
By Allison Dunn | August 23, 2023
During a telephone conference with U.S. District Judge Peter J. Messitte for the District of Maryland on July 14, counsel representing Amazon said that the alleged defamatory emails were no longer being sent, according to the recently-filed transcript.
3 minute read
By Katie Hall | August 18, 2023
Skiplagged.com helps travelers book itineraries with multiple legs where the traveler exits prior to the final destination.
5 minute read
By Brad Kutner | August 11, 2023
The dissenting judge says the issue should have gone to the jury with both companies named "Dewberry."
4 minute read
By Mason Lawlor | August 11, 2023
The U.S. Court of Appeals for the Fourth Circuit has affirmed an award of $43 million against an Atlanta-based real estate development company accused of trademark infringement and breaching an agreement struck over a decade ago.
5 minute read
By Jane Wester | August 9, 2023
Amazon's attorneys at Davis Wright Tremaine defended the platform's procedures in a filing and argued the requested relief would constitute unconstitutional prior restraint.
3 minute read
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