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The Precedential Decisions of the CAFC and the TTAB on Registrability Issues: July 2022 to June 2023
25 Jul 2023, 3:49 am
The latest issue of Allen's Trademark Digest includes a compilation of my capsule summaries of the precedential "Decisions of the Federal Circuit and the Trademark Trial and Appeal Board on Registrability Issues - July 2022 to June 2023. [read post]
24 Jul 2023, 5:51 pm
Coleman will speak about both of these cases, including his experience in the Tam case, and provide his insights regarding the future of registration of these types of controversial trademarks with the USPTO. [read post]
24 Jul 2023, 11:03 am
Attention to detailMeticulousness can make or break a case. [read post]
24 Jul 2023, 7:49 am
Recent legal cases, like the newly-filed Kira v. [read post]
24 Jul 2023, 7:34 am
The complaint alleges that Autry is selling ‘blatant knockoff versions of Reebok’s shoes.'” “In opposing Reebok’s disqualification motion last month, Hogan Lovells argued that the present case is distinct from the firm’s prior representation of Reebok, which involved registrations of trademarks and not litigation related to infringement allegations. [read post]
24 Jul 2023, 6:55 am
Although some cases disparage defendants’ own expectations and beliefs about causation as evidence of injury (in false advertising cases; never in TM cases), I believe this is both the majority and the correct rule. [read post]
24 Jul 2023, 4:15 am
While the justices felt that artistic expression versus trademark use was cut and dried in this instance, that is not always the case in litigation focused on NFTs and the Metaverse. [read post]
24 Jul 2023, 4:15 am
While the justices felt that artistic expression versus trademark use was cut and dried in this instance, that is not always the case in litigation focused on NFTs and the Metaverse. [read post]
24 Jul 2023, 3:58 am
Contrary to U.S. trademark applications, specimens of the trademark do not need to be provided. 3. [read post]
23 Jul 2023, 10:30 pm
New approaches to training very large context-aware systems have enabled generative AI systems (GAI), especially large language models (LLMs), which can produce content that is, in many cases, indistinguishable from the products of the human mind. [read post]
22 Jul 2023, 3:58 pm
The Ethan Allen case addressed a dispute between Ethan Allen, a furniture manufacturer, and its former dealer, Georgetown Manor. [read post]
21 Jul 2023, 1:16 pm
It will be interesting to see what the future holds for this case and the festival. [read post]
21 Jul 2023, 12:16 pm
However, blockchain may be useful tool for evidentiary purposes in copyright infringement cases”.AI: the EC considers that the interplay between AI and copyright raises two types of challenges, namely those regarding: (a) the use of copyright protected content to train AI applications, in respect of which the EC refers to the general text and data mining exceptions in the DSM Directive [IPKat here]; and (b) the protectability of AI-generated content, noting that “if AI… [read post]
21 Jul 2023, 9:05 am
” But this wasn’t a “tests prove” case. [read post]
21 Jul 2023, 9:00 am
Scott Hervey and Tara Sattler talk about this case on this installment of The Briefing. [read post]
21 Jul 2023, 5:12 am
Rather, the manual describes current practice and procedure under the applicable authority and incorporates amendments to the Trademark Act, Trademark Rules of Practice, Federal Rules, and updates in case law, where applicable, as of March 3, 2023. [read post]
21 Jul 2023, 4:45 am
In any case, the Board pointed out for the umpteenth time that it must decide each case on its own evidentiary record. [read post]
20 Jul 2023, 8:46 am
From that, the court then rejected plaintiffs’ argument that this was an omissions case; at its core, this case was about misrepresentations, not omissions. [read post]
20 Jul 2023, 8:18 am
” Under Florida law, this is generally the legal standard in business litigation concerning breach of contract and business torts, as distinct from, for example, personal injury cases. [read post]
20 Jul 2023, 6:58 am
” In 2015 Timberland began the process of registering the boot design as a trademark. [read post]
