Charles Walker (US)

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Prior Trademark Suit Does Not Bar Patent Suit Over Same Products

How many different times can you sue your competitor for violating intellectual property rights involving the same product? At least twice, according to the Court of Appeals for the Federal Circuit (CAFC) in Superior Industries, LLC v. Thor Global Enterprises, Ltd. Specifically, the CAFC held that claim preclusion (res judicata) did not bar a party … Continue reading

Federal Circuit Affirms TTAB’s Refusal to Register “JPK Paris 75”

Last Thursday, the U.S. Court of Appeals for the Federal Circuit affirmed a decision of the Trademark Trial and Appeal Board refusing to register the logo “JPK PARIS 75” for handbags as a trademark because it was primarily geographically deceptively misdescriptive under 15 USC 1052(e)(3). See Published Opinion. According to the Federal Circuit, a mark … Continue reading