Litigation Update | September 2025
Not Clear Enough: The TTAB’s Standard for the Registrability of All-Purpose Word Marks Lacked Clarity Justin J. Gillett & Susan E. Pratt, Ph.D. IN RE: ERIK BRUNETTI Before Lourie, Dyk, and Reyna. Appeal from...
Not Clear Enough: The TTAB’s Standard for the Registrability of All-Purpose Word Marks Lacked Clarity
IN RE: ERIK BRUNETTI Before Lourie, Dyk, and Reyna. Appeal from the Trademark Trial and Appeal Board. Summary: The Federal Circuit vacated and remanded a decision of the Trademark Trial and...
Domestic Marketing and Distribution of an Imported Product May Satisfy the Economic Prong of the Domestic-Industry Requirement
LASHIFY, INC. V. ITC Before Prost, Taranto, and Chen. Appeal from the U.S. International Trade Commission. Summary: Warehousing, quality control, distribution, sales, and marketing expenses incurred in connection with an imported...
Reliably Determining Reasonable Royalty Rates From Lump-Sum Licenses
ECOFACTOR, INC. V. GOOGLE LLC
Before Lourie, Prost, and Reyna. Appeal from the United States District Court of the Western District of Texas.
Summary: License agreements containing a lump-sum payment “based on” a royalty rate may provide reliable evidence of a reasonable royalty rate for the licensed patent.
