Great Concepts, LLC v. Chutter, Inc.
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December 15, 2023
The Biggest Trademark Rulings of 2023
The U.S. Supreme Court decided the First Amendment does not shield a poop-themed dog toy from infringement claims in a suit over a parody of Jack Daniel's famous whiskey bottles, and the justices concluded federal trademark law does not extend to conduct in other countries. Here are Law360's picks for the biggest trademark rulings of 2023.
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October 20, 2023
Fed. Circ. Ruling Sheds Light On 'Overlooked' TM Declarations
For nearly 50 years, the U.S. Patent and Trademark Office has found that it had the power to cancel trademark registrations if a declaration for incontestability contained false information.
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October 18, 2023
USPTO Erred In Axing TM Over False Affidavit, Fed. Circ. Says
The U.S. Patent and Trademark Office did not have the power to cancel a trademark registration because a company's former counsel submitted an inaccurate filing for incontestability, a split Federal Circuit panel said in a published opinion Wednesday.
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March 06, 2023
Fed. Circ. Mulls USPTO's Authority In Atty's TM Fraud Fight
A Federal Circuit panel on Monday seemed unsure whether the U.S. Patent and Trademark Office acted outside its statutory authority when it canceled a trademark registration due to an attorney's failure to read and ascertain an inaccurate declaration before submitting the filing.
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March 02, 2023
IP Forecast: Atty's TM Fraud Fight Makes Its Way To Fed. Circ.
The Federal Circuit will consider for the first time whether the Trademark Trial and Appeal Board was wrong to wipe out a trademark because a lawyer signed a declaration about the mark without reading it. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.