The Full Court of the Federal Court has issued a significant decision in relation to trade mark ownership, which reconfirms the position in relation to the assignment of trade mark applications which have been filed in incorrect applicant names. The
What happens when an IP licence agreement is terminated? The obvious answer would of course be that the licence terminates too. However, as the latest instalment in an ongoing saga involving the well-known PINK LADY brand of apples reminds us,
In the United States, a trademark owner must use their mark in commerce to maintain a federal trademark registration. This requirement is different from many other countries which do not require use of the mark to maintain registration. Further, the
While football teams and fans across the country are gearing up for this weekend’s NFL draft, the Washington Redskins will be preparing for another potential showdown—this one at the Supreme Court. The Redskins petitioned the high court on Monday to
On Wednesday, April 20, 2016, the United States Patent and Trademark Office petitioned the Supreme Court to take up the case on disparaging trademarks. Petition, Michelle K. Lee, Director, United States Patent and Trademark Office, Petitioner v. Simon Shiao
In December 2015, the Federal Circuit struck down the “disparagement” clause of §2(a) of the Lanham Act on First Amendment grounds. However, according to a recent ruling from the court, the USPTO is not required to register disparaging trademarks just