Region: North America

USPTO spoof call warning; BAD SPANIELS reactions; Twitter copyright suit – news digest

In our latest round-up, we look at INTA filing a statement on timings of grounds for refusal of EU applications, WIPO PAY being used for all domain name cases, and much more.

16 June 2023

“A broken promise” – USPTO responds to user outrage after data breach of applicant domicile addresses

USPTO trademark commissioner and attorneys respond after agency suffers a “data security incident” involving the private domicile addresses of trademark applicants being made publicly viewable.

15 June 2023

Common food name protection bill introduced; UPC becomes a reality; concern continues over SEP proposals – legislation and policy watch (June 2023)

WTR’s monthly column tracks trademark and related policy developments, including the progress of major bills, from around the world.

14 June 2023

Trademark law professor opposes RAPUNZEL, but consumers lack statutory entitlement

The TTAB has dismissed an action filed by a law professor on the ground that a mere consumer is not entitled to oppose under Section 13 of the Trademark Act.

12 June 2023

The platform liability battle rages on: perspectives from both sides of the Atlantic

Who is responsible for stamping out counterfeit sales online is a hot question in the trademark world. Five thought leaders attempt to answer it, taking a forensic look at the issue from all angles.

09 June 2023

On the road again: alternative designs may impact trade dress functionality analysis

The Sixth Circuit reversed and remanded the district court’s grant of summary judgment, finding that the existence of alternative designs was relevant to the functionality determination.

09 June 2023

Brand owners breathe a “sigh of relief” as Supreme Court sides with Jack Daniel’s

A unanimous decision from the US Supreme Court has been praised by local practitioners as a momentous development for brand owners everywhere.

08 June 2023

Register Tracker Europe and North America: January-April 2023

Featured in Trademark register tracker

UK applicants filed 10% more trademark applications abroad in the first four months of 2023 than they did at the end of last year, Fovea IP data shows.

08 June 2023

Sixth Circuit ruling emphasises impact of alternative designs on assessing trade dress functionality

In reversing and remanding a district court’s decision, an appeal court has highlighted the critical role that an alternative design can play in helping a rights holder prove that its trade dress is non-functional and thus entitled to protection from infringers.

08 June 2023

Small but mighty: lessons on building a 360-degree brand protection strategy – from an in-house team of one

WTR sits down with Mark Leonard, general counsel at food manufacturing company Sunsweet Growers, to find out how he has forged a 360-degree brand protection strategy as the company’s only in-house attorney.

06 June 2023