Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged trademark · clear
2020 Pandemic brought so many changes to our life styles. Some speculate that the huge rise in patent litigation was due to COVID-19. While pandemic might have had indirect impacts, some entities and their management single-handedly contributed…
On November 30, 2020, New York Governor Andrew Cuomo signed into law New York Senate Bill S5959D , an amendment to New York’s right of publicity law to provide the 40 year post-mortem right of estates of deceased celebrities and performers to protect…
On October 27, 2020, the District Court in the Western District of Texas issued its Final Judgment in L’Oreal USA Creative, Inc. v. Drunk Elephant, LLC, 1:18-cv-00982 (W.D.Tex.), which approved the Joint Stipulation of Dismissal in view of the…
Trademark generates approximately 10 percent of the USPTO annual revenue or about $350M. Compared to patents, this is much smaller, but our data shows that more than 15,000 attorneys work on trademark applications every year. USPTO also employs more than…
The U.S. Court of Appeals in the Second Circuit found in favor of Costco in the latest chapter of an over seven-year legal battle between Tiffany and Co. (“Tiffany’s”) and Costco Wholesale Corporation (“Costco”). A three judge…
On June 19, 2020, Kim Kardashian West’s (“Kardashian West”) company KKW Beauty, LLC (“KKW”) was sued in California Superior Court by its business partners Seed Beauty (“Seed”) alleging trade secret infringement.…
AUSTRALIAN THERAPEUTIC v. NAKED TM, LLC Before O’Malley, Reyna, and Wallach. Appeal from the Trademark Trial and Appeal Board Summary: Standing to Challenge A Registered Mark at the TTAB Does Not Depend on the Challenger’s Proprietary Right to…
Before the Supreme Court of the United States. On Writ of Certiorari from the United States Court of Appeals for the Fourth Circuit. Summary: A term styled "generic.com" is not necessarily generic and can be eligible for federal trademark…
On April 10, personal protective equipment (“PPE”) manufacturer 3M filed suit against Performance Supply LLC for trademark infringement, deceptive practices, and false advertising. 1. In its complaint, 3M alleges that Performance Supply offered…
About 40 years ago, marketing strategists Al Ries and Jack Trout offered the world a way to think about making a brand memorable. The best way to be remembered is to be first into your prospect’s mind representing a clear perception. 1. We often see…
ROMAG FASTENERS, INC. v. FOSSIL, INC. Before the Supreme Court of the United States. On Writ of Certiorari to the United States Court of Appeals for the Federal Circuit. Summary: Trademark owners are not required to show willfulness as a precondition to an…
The U.S. Patent and Trademark Office (USPTO) allows for a trademark application to be filed on an “Intent to Use” basis to establish a priority date before the mark is actually “ used in commerce .” However, such use in commerce…
