Apr
17

The Effect of TTAB Proceedings on Federal Court Litigation

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 »

Apr
10

“Lack of Intent to Use” – An Increasingly Common Weapon in Trademark Cases

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 »

Mar
14

Declaratory Judgment Actions in Intellectual Property Cases

When a company is accused of intellectual property infringement, it can respond in several ways. The accused party can agree to the other side’s demands. The accused party can try to negotiate with the other side. The accused party can reject the other side’s demands and adopt a wait-and-see approach. Or, in certain circumstances, the … Continue reading »

Sep
03

The Phillies Strike Out At The TTAB

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 »

Feb
19

Livestrong v. Kidstrong: Symbus Client Kidstrong Prevails in Trademark Bullying Case

We are pleased to report that the Livestrong Foundation has withdrawn its trademark opposition against our client Kidstrong Enterprises. As we previously reported in this space, the Foundation filed an opposition against Kidstrong, alleging that Kidstrong’s application to register the trademark PROSTRONG, which covers dietary beverages, violated its rights in the mark LIVESTRONG. Kidstrong responded … Continue reading »

Oct
26

Symbus Receiving Significant Press Coverage for Role in Trademark Bullying Case

Symbus has recently received significant press coverage for its defense of Kidstrong Enterprises in a trademark case filed by the Lance Armstrong Foundation. This is an important case because Kidstrong’s defense is based, in part, on allegations of “trademark bullying”—a trademark owner’s unreasonable interpretation of the scope of its rights for the purpose of intimidating … Continue reading »

Aug
31

Need A Trademark Or Patent Lawyer To Manage End Of The Year Projects? Consider In-House Secondment Attorney Services

Now that summer is drawing to a close in-house counsel must gear up to address those end of the year rush projects. I worked as in-house counsel for over eighteen years and without fail the fourth quarter always proved to be our busiest. After a summer break our in-house clients worked feverishly to accomplish those … Continue reading »