On December 21, 2012, the U.S. Court of Appeals for the Federal Circuit issued its decision in Stephen Slesinger, Inc. v. Disney Enterprises, Inc., __ F.3d __ (Fed. Cir. 2013). In the opinion, the Federal Circuit affirmed the U.S. Trademark Trial and Appeal Board’s (“TTAB”) ruling that the appellant’s cancellation action was barred, by collateral estoppel, due [...]
On August 3, 2012, the US Court of Appeals for the Federal Circuit issued a decision in the case Lens.com, Inc. v. 1-800 Contacts, Inc. In the case, the Federal Circuit upheld a decision of the USPTO Trademark Trial and Appeal Board (“TTAB”) granting a motion for summary judgment and ordering the cancellation of Lens.com’s [...]
On July 9, 2012, the US Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (“TTAB”) refusal of Midwestern Pet Foods’ (“Midwestern”) application for the mark WAGGIN’ STRIPS due to a likelihood of confusion with another mark, BEGGIN’ STRIPS, owned by Societe des Produits Nestle (“Nestle”). Midwestern filed an intent-to-use [...]
In a precedential opinion, on February 27, 2012 the US Trademark Trial and Appeal Board sustained four oppositions filed by Research in Motion (RIM) against Defining Presence Marketing Group, Inc. (DPMG). Link to Case here. DPMG had filed four trademark applications, each for the mark CRACKBERRY. Three of the CRACKBERRY applications were filed in [...]
Attorneys for the petitioners who filed a complaint against the use of the term REDSKINS for the Washington pro football team filed a Petition for Writ of Certiorari with the US Supreme Court on Monday of this week.In 1992, Suzan Harjo led seven Native Americans in petitioning the Trademark Trial and Appeal Board (“TTAB”) to [...]
U.S. Court of Appeals for the Third Circuit Decides Right of Publicity Outweighs First Amendment in NCAA Football Video Games
U.S. District Court for the Southern District of NY Denies Class Certification in YouTube Copyright Case
U.S. Supreme Court Will Review Burden of Proof in Declaratory Judgment Cases When Infringement Counterclaim is Barred
