Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged trademark · clear
In April 2019, outdoor apparel company Patagonia, Inc. sued Anheuser-Busch, LLC in the District Court for the Central District of California. Patagonia brought eight claims against the Anheuser-Busch brand “Patagonia Brewing Co.” The claims…
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 must…
SWAGWAY, LLC v. ITC [REVISED OPINIO N - PRECEDENTIAL] Before Dyk, Mayer, and Clevenger . Appeal from the International Trade Commission. Summary : Although the ITC must strictly comply with its rules, failure to do so may constitute harmless error.…
A decision from the Federal Circuit clarified how the USPTO should analyze evidence of fame under the fifth DuPont factor. The decision sheds light on how fashion brands can establish that their marks are famous through advertising, advertising channels,…
HYLETE LLC v. HYBRID ATHLETICS, LLC Before Moore , Reyna, and Wallach. Appeal from the Trademark Trial and Appeal Board. Summary : Absent exceptional circumstances, an argument raised for the first time on appeal is waived. In October 2013, Hybrid…
SWAGWAY, LLC V. ITC Before Dyk, Mayer, and Clevenger . Appeal from the International Trade Commission. Summary : Trademark decisions of the International Trade Commission, like the Commission’s patent decisions, do not have preclusive effect. Segway…
Before Newman , Linn, and Dyk. Appeal from the United States District Court for the District of Oregon. Summary : The Trademark Act’s definition of “use in commerce” as a requirement for obtaining a federal trademark does not limit the…
Before Prost , Lourie and Stoll. Appeal from the Trademark Trial and Appeal Board. Summary : In evaluating whether a webpage printout is an acceptable specimen of use for a trademark in connection with goods, the USPTO may look for information on the…
Eliya Inc., known for its BERNIE MEV® shoes, filed a declaratory judgment action against Skechers on January 29, 2019 in the U.S. District Court for the Southern District of New York. Skechers had sent a cease and desist letter to Eliya accusing Eliya…
On December 13, 2018, Face Lace Ltd. , founded by makeup artist Phyllis Cohen to provide ready-to-wear makeup designs, filed suit in the Central District of California against Bare Escentuals Inc. d/b/a Buxom Cosmetics . Face Lace’s complaint alleged…
Federal Circuit Summary Before Moore , Reyna, and Chen. Appeal from the Trademark Trial and Appeal Board. Summary : The TTAB must consider Applicant’s evidence and argument as to an absence of actual confusion during the period of concurrent use of…
Federal Circuit Summary Before Newman , Mayer, and Stoll. Appeal from the Trademark Trial and Appeal Board. Summary : Words that are primarily a surname can be registered as trademarks if they have acquired secondary meaning, even if the public also…
