The U.S. Supreme Court agreed on Friday to hear a case this term to decide whether a copyright plaintiff can recover damages for acts that occurred more than three years after the filing of a lawsuit. The case is poised
Taco Bell Petitions to Cancel TACO TUESDAY Trademarks at U.S. Trademark Office
Almost everyone has probably heard of “Taco Tuesday.” Ads, local restaurants, celebrities—they use this popular slogan to refer to the idea that it is fun to eat tacos on Tuesdays. But although this phrase is used by many, two restaurant
Federal Circuit upholds constitutionality of TTAB judges
This week the Federal Circuit rejected a constitutional challenge to the Secretary of Commerce’s appointment of administrative judges to the Trademark Trial and Appeal Board (“TTAB”) at the U.S. Patent and Trademark Office (“USPTO”). The decision comes on the heels
A Generic Word Combined With “.Com” Can Create A Protectable Trademark
In United States Patent And Trademark Office, Et Al., v. Booking.Com B. V. (No. 19-46, Jun. 30, 2020), the Supreme Court held that the combination of a generic term with “.com”—referred to as a “generic.com term”–could be a protectable trademark.
USPTO Expedited Initial Examination for COVID-19-Related Trademark Applications
On June 15, 2020, the U.S. Patent and Trademark Office (“USPTO”) announced a new program, effective June 16, 2020, to help expedite the initial examination of U.S. trademark applications for marks relating to qualifying COVID-19 medical goods or services.
U.S. Supreme Court and “Scandalous” Trademarks
Two years after the United States Supreme Court struck down the ban on disparaging trademarks, the Supreme Court has now struck down the Lanham Act’s similar ban on the registration of scandalous and immoral trademarks at the U.S. Patent and Trademark Office. Iancu v. Brunetti, No. 18-302, 588 U.S. _____ (2019). On June 24, 2019, Justice Kagan delivered the majority opinion of the Court, which voted 6-3 to strike the provision as an unconstitutional viewpoint-based restriction on speech that violates the First Amendment.
The Slants Win: SCOTUS rules “Disparaging” trademark provision unconstitutional
On June 19, 2017, the United States Supreme Court issued a much-anticipated decision, holding that the so-called “disparagement clause” of the Lanham Act is an impermissible restriction on free speech under the First Amendment. The ruling is the culmination
U.S. Trademark fees increase on January 14
On January 14, 2017, the U.S. Patent & Trademark Office (USPTO) will implement a number of fee increases for trademark applications and other trademark filings. A full schedule of the fee changes is available on the USPTO’s website.
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Update: INTA files amicus brief with SCOTUS in Slants case
On December 16, 2016, the International Trademark Association (“INTA”) filed an amicus brief with the U.S. Supreme Court in support of Simon Tam, founder of the Slants. Lee v. Tam, No. 15-1293, Br. Of Amicus Curiae Int’l Trademark Assoc.
USPTO files opening brief in Slants case
The First Amendment does not require the government to support disparaging speech, the U.S. Patent and Trademark Office (“USPTO”) argued in its opening brief filed last week in the “Slants” trademark case currently pending before the Supreme Court. Lee v.