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25 June 2018

Just what the doctor ordered: the top trademark filer in the US last year was a New York physician

New data has revealed the leading trademark filers at the USPTO in 2017, with a Brooklyn-based doctor beating out major companies to lead the pack. One expert says “trademark league tables might not be dominated by large corporations in the future”.

20 June 2018

adidas v Skechers: was a preliminary injunction proper?

The US Court of Appeals for the Ninth Circuit has affirmed in part and reversed in part a preliminary injunction prohibiting Skechers from selling shoes that allegedly infringed and diluted adidas’ trade dress and trademark.  

18 June 2018

BACKYARD GRILL summary judgment gets burnt by Fourth Circuit

In Variety Stores Inc v Wal-Mart Stores Inc, the US Court of Appeals for the Fourth Circuit has reversed summary judgment in a trademark infringement dispute over the use of the term 'Backyard' on grills.

13 June 2018

Second Circuit gives tidy answer on attorneys' fees in SLOPPY TUNA trademark row

In a dispute over use of SLOPPY TUNA for a restaurant, the US Court of Appeals for the Second Circuit has addressed for the first time whether attorneys’ fees should be included in an award of costs.

08 June 2018

“I wish the US president had opposed my trademark” – applicant of registered Trump mark on treating IP as art

​​​​​​​A popular author has successfully registered a trademark for the term GRABBA THE TRUMP. Talking to World Trademark Review, the applicant states that he enjoys provoking major brands with his trademark applications.

07 June 2018

New EUIPO report charts increasing sophistication and diversification of counterfeiters

The EUIPO has released a new report, compiling research since 2013, to present a comprehensive and updated picture of the scope and impact of IP rights infringement in the European Union.

05 June 2018

TTAB decision underscores difficulty of proving fraud before USPTO

In a recent decision, the US Trademark Trial and Appeal Board has dismissed an opposition even though the applicant did not have use in commerce at the time of filing the application and used a mocked-up specimen.

01 June 2018

California district court recognises plausible trademark rights over fictional Star Wars board game

In Lucasfilm Ltd LLC v Ren Ventures Ltd a California federal court has recognised that trademark rights could arise from the use of a mark to identify a fictional board game in a popular literary genre. 

24 May 2018

Tam’s trademark delivery, Tequila sweatshirts and a collective noun for IP lawyers: INTA 2018 standout moments

Last night's WTR Industry Awards celebrated another year of excellence in corporate trademark practice. While we are in the awards mood, we thought we'd recognise the standout moments from the 2018 INTA Annual Meeting.

22 May 2018

Second Circuit: fraudulent lawsuit allegations insufficient to maintain RICO claim

In Kim v Kimm, the US Court of Appeals for the Second Circuit has affirmed the dismissal of a complaint alleging a scheme to fraudulently bring a trademark infringement lawsuit.

18 May 2018

Rapper Dr Dre's opposition to DR. DRAI for health-related services dismissed

The US Trademark Trial and Appeal Board has dismissed rapper Dr. Dre's opposition to the registration of the word mark DR. DRAI and the figurative mark DOCTOR DRAI for goods and services in the field of women's and men's health.

09 May 2018

Is the trademark litigation slump over? 2018 trends and predictions

Analysis of the latest data from Lex Machina suggests that US trademark litigation filing numbers will be flat in 2018 – potentially ending a four-year decline. We also take a look at the most popular venues for litigation and the go- to law firms so far in 2018.

01 May 2018

Reducing the phantom menace: strategies for protecting and using adaptable marks

Although phantom trademarks have clear advantages for their registrants, the US Patent and Trademark Office has been somewhat unpredictable in its response to applications for such marks over the years. Various strategies may help to enhance the likelihood of successful registration and use.

30 April 2018

US government ranks Canada’s border enforcement on same level as China; Special 301 adds Saudi Arabia and UAE

The USTR has published the 2018 Special 301 Report, and Canada has been added to the Priority Watch List due to “a failure to resolve key longstanding deficiencies in protection and enforcement of IP”.

26 April 2018

In-house perspectives on diversity in the trademark industry: “All of us in this field need to do more”

The theme of today’s World IP Day is ‘Powering change: Women in innovation and creativity’. In the first of a two-part piece, corporate trademark professionals reflect on the topic of the day.