Region: North America

For the first time, Federal Court considers statutory bad faith as grounds for expungement of a trademark

A trademark has been invalidated after restaurant owners opening locations in Canada ― who refused to purchase the mark for CAD $1.5 million from the registrant ― bring legal action.

22 August 2022

Senators aim to end “arms race of NIL implementation” but obstacles remain

Two US senators have kicked off a fact-finding mission over proposed student-athlete name, image and likeness legislation that would result in an Alston-compliant regulatory structure.

19 August 2022

Question marks over USPTO verification requirement after claim “nothing has been implemented”

It has been claimed that unverified account users can still file trademark applications on the USPTO platform, despite the agency claiming ID was required from 6 August 2022.

17 August 2022

One day in July: the trademark specimens challenge still faced by the USPTO

A WTR investigation identifies ongoing trends in specimens of use being filed at the USPTO from China-based trademark applicants.

16 August 2022

Tableware designer gets heavenly results on its pearly plates

In this copyright and trade dress dispute between rival tableware companies, the US Court of Appeals for the Fifth Circuit has reversed a district court decision finding that the plaintiff had not established that its unregistered trade dress had acquired secondary meaning.

16 August 2022

Amazon files lawsuit with GE; Finland speeds up trademark publications; British Gas brand reputation falls – news digest

In our latest round-up, we look at brands facing a regression in consumer loyalty, ICANN announcing a webinar on TLD health, and much more.

12 August 2022

How the challenging brand protection environment is affecting law firm trademark departments

With numerous socioeconomic challenges and rising workloads expected over the next 12 months, a wary approach is being adopted by most in the law firm industry.

11 August 2022

10 ways to protect your trademark from becoming generic

The more popular a brand becomes, the greater the risk of genericide. McAndrews shareholder Ron DiCerbo outlines 10 steps for diligent rights holders to protect their names.

10 August 2022

Leaked email reveals new solicitation tactics used by suspicious online filing agency

One expert claims that the email contains “transparently false” and “confusing” information, including a claim that the agency is associated with the USPTO.

09 August 2022

Gibson win offers hope to future litigants

Gibson’s recent success in a design battle spanning almost 50 years should provide optimism for well-known brands suffering decades of infringement.

09 August 2022

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