The Federal Circuit upheld a Trademark Trial and Appeal Board (“Board”) decision refusing registration of an athletic apparel company’s trademark, holding that the trademark applicant waived its key arguments by not raising them before the Board. Hylete LLC v. Hybrid Athletics, LLC (Fed. Cir. 2019)… Continue Reading
The United States Patent and Trademark Office recently issued a new Examination Guide relating to trademarks for cannabis and cannabis-related goods and services. This much-anticipated guide comes after the December 20, 2018 enactment of the Farm Bill. … Continue Reading
This blog posting was contributed by Laura Mackenzie-Mitchell, solicitor with the UK-based law firm Browne Jacobson LLP, which is solely responsible for its content. Section 54 of the recently-enacted UK Modern Slavery Act 2015 may apply to your organisation, whether incorporated within the UK or not, if it falls within a certain turnover threshold and … Continue Reading
Recently, a District Court judge issued a scathing rebuke to the United States Patent and Trademark Office in Board of Trustees of the University of Alabama et al. v. Houndstooth Mafia Enterprises LLC, (N.D. Alabama February 23, 2016). Judge Proctor’s memorandum opinion upbraided the USPTO’s Trademark Trial and Appeal Board (“Board”) for ignoring his earlier-issued order … Continue Reading
In Tartell v. South Florida Sinus and Allergy Center, Inc., the Eleventh Circuit reversed the district court’s finding that the plaintiff’s personal name had acquired distinctiveness as a trademark and that the defendant infringed his protectible trademark interest in it. … Continue Reading