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03 April 2018

TTAB: REMEMBER THIS NAME fails to function as trademark for legal services

The US Trademark Trial and Appeal Board has upheld an opposition to the registration of the slogan “remember this name” as a trademark for legal services on the ground that the phrase does not function as a service mark.

28 March 2018

EATRIGHT decision: Ninth Circuit dishes out food for thought on summary judgment

In a case involving the use of EATRIGHT AMERICA on food products, the US Court of Appeals for the Ninth Circuit has vacated a district court’s grant of summary judgment.

23 March 2018

Warning: discovery misconduct can cost more than just your case

In Klipsch v ePRO the US Court of Appeals for the Second Circuit has adopted a standard that “discovery sanctions should be commensurate with the costs unnecessarily created by the sanctionable behaviour”.

23 March 2018

“Trial of the century” or “tinfoil hat conspiracy”? War of words erupts over online filing models

LegalForce founder Raj Abhyanker has filed an amended complaint in his litigation battle with LegalZoom. In turn, LegalZoom has defended its practices but, with the USPTO also in Abhyanker’s sights, the case is one that trademark counsel should follow closely.

20 March 2018

US Customs head confirmed, Latvia trims WHOIS data and trademark offers Cambridge Analytica clues: news round-up

In our latest round-up, we look at how a trademark scammer has rebranded, how a trademark may offer clues on the company that has hit headlines across the world, Cambridge Analytica, and much more.

19 March 2018

Commodores decision: former band member must sail on down the line

In Commodores Entertainment Corp v McClary, the US Court of Appeals for the 11th Circuit has upheld a permanent injunction precluding a musician from using the trademarks of his former band. 

13 March 2018

Procedures and strategies for pharmaceutical brands: United States

Clearing and registering pharmaceutical trademarks in the United States are often more complex and challenging than in other countries. This is due in large part to the requirement that the Food and Drug Administration approve all pharmaceutical trade and generic names.

07 March 2018

USPTO goes after the fakers; experts praise initiative to combat improper specimens, call for further action

The United States Patent & Trademark Office (USPTO) has launched a pilot program to help combat improper specimens on trademark applications. The move has been welcomed, although one expert calls for more to be done.

01 March 2018

US government report finds staggering ratio of fakes on major e-commerce sites: calls for agencies to step up

A new report by the US government’s Accountability Office (GAO) has found that US agencies could be doing significantly more to tackle the growing threat of counterfeit goods.

01 March 2018

Registries are alive with the sound of trademarks

Registrations for sound trademarks are becoming more prevalent at major IP registries around the world. We look at some of the opportunities for sound marks, as well as common challenges and how to overcome them.

01 March 2018

Charting a course to success in reverse confusion claims and fair-use defences

The recent Marketquest decision offers important insight into reverse confusion claims, providing a road map for using a senior user’s mark comprising descriptive terms to market a junior user’s product.

28 February 2018

The evolution of internet service provider and host liability

The sheer scope of online counterfeiting and the anonymity that the Internet provides counterfeiters necessitate that brand owners look to internet service providers – whose roles in the world of e-commerce are essential – for assistance in blocking or preventing counterfeiters from using their services. 

23 February 2018

“We’re running out of good trademarks” – groundbreaking study reveals 81% of common words are registered marks

A new study finds that most common words are already registered as single-word trademarks at the USPTO. The paper's author describes the finding as "disturbing".

20 February 2018

Pushing the boundaries – identifying the world’s most innovative IP offices

In a new multi-part series, World Trademark Review identifies the IP offices leading the way in offering innovative non-core tools and services – and the registries trailing behind.

14 February 2018

“A steep uphill battle”: experts pessimistic over USPTO bid for U-turn on scandalous marks

The USPTO has filed a petition for a rehearing en banc in In re: Brunetti, an effort to maintain a ban on scandalous marks. Legal experts are sceptical about the move, telling us that the government faces an “uphill battle” to reverse the Federal Circuit’s ruling.