It’s only a matter of time. If you own a trademark application or registration, at some point, you are going to receive a fraudulent request to make a payment or take some other unnecessary action relating to the trademark or a related domain name. At first glance, these fraudulent requests may appear legitimate, but they … Continue reading »
The U.S. Supreme Court’s recent trademark decision in B&B Hardware v. Hargis Industries (March 25, 2015) has generated a substantial amount of concern. According to some lawyers, there has been a sea change in the law. They say the Supreme Court’s decision means that, once the Trademark Trial and Appeal Board (“TTAB”) (the judicial arm … Continue reading »
The number of successful attacks on trademark applications and registrations based on a “lack of intent to use” has been increasing in recent years. Trademark owners often include as many products and services in their applications as possible, describing their products and services in various ways, and listing assorted products and services related to their … Continue reading »
If you are a fan of the Philadelphia Phillies you probably already know it has been a tough season. The team has lost more often than it has won and now the losing streak extends to the TTAB. See the recently published case The Phillies v. Phila. Consol. Holding Corp., T.T.A.B., No. 91199364, decided August … Continue reading »
Every lawyer who prosecutes trademarks knows that old adage that every case has to be considered on its own merits. But what do you do when an Examiner decides that a mark is entirely descriptive, and that decision goes against dozens of other marks on the Principal Register in which the legal basis is indistinguishable? … Continue reading »
Attorney’s fee awards are relatively rare in trademark cases, but when litigants make meritless arguments, attorney’s fees aren’t far behind. Proving, once again, that it doesn’t pay to make meritless arguments, the Middle District of Florida recently awarded Defendant X/Open Company Limited over $400,000 in attorney’s fees and costs as a result of the meritless … Continue reading »
Effective internal IP policies encourage the development of new and valuable IP assets, ensure that your company is identifying potentially protectable IP it is creating already, assist with determining what IP to protect, and how, on a rational basis, and reduce litigation risks at all stages of development.