A plaintiff in a trademark infringement suit is not required to show willful infringement by the defendant to be awarded profits. That is the unanimous ruling from the U.S. Supreme Court, handed down in a decision on April 23, 2020.…
Effective August 3, 2019, the United States Patent and Trademark Office (“USPTO”) has amended its Rules of Practice in Trademark Cases to require foreign applicants, registrants, and parties to trademark proceedings before the USPTO’s Trademark Trial and Appeal Board to…
On March 29, 2017, the United Kingdom (UK) submitted its intention to withdraw from the European Union (EU). The British exit from the EU – i.e., Brexit – is scheduled to take effect as of March 29, 2019. Once the…
As we have covered in previous blog posts, not every name or brand is eligible for federal trademark registration with the U.S. Patent & Trademark Office (USPTO). One of the reasons the USPTO might reject an application to register a…
*This article is based in part on a presentation moderated by Bridget Labutta during the Annual Meeting of the International Trademark Association on May 22, 2018 in Seattle, Washington. Owning a trademark brings certain benefits, as well as certain obligations.…
Inter partes reviews (IPRs) were enacted on September 16, 2012, as part of the America Invents Act (AIA) passed by Congress. IPRs are trial proceedings conducted at the Patent Trial and Appeal Board (PTAB) to review the patentability of one…
Selling on Amazon is nearly ubiquitous, so it’s imperative to protect your brand – your trademark – across the platform. Amazon has made it easier to do so by overhauling its Brand Registry last year and creating, in their own…
On February 4, the Philadelphia Eagles won their first Super Bowl in franchise history. One of the most memorable moments fans witnessed in that game was a gutsy play that the team called the “Philly Special”: a fourth-and-goal, direct-snap reverse…
When we discussed the provision of U.S. trademark law that prohibits the use of “disparaging” words in a registered trademark, we noted that “change may be on the horizon.” On Dec. 22, 2015, the Court of Appeals for the Federal…
By Bridget H. Labutta, Esq. Senator Ted Cruz of Texas made headlines earlier this year for a reason completely unrelated to his politics. Shortly after Cruz announced his candidacy for the next presidential election, the news media discovered that the…
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