The Federal Circuit Will Review Appeals from Inter Partes Review Proceedings Under the “Substantial Evidence” Standard In Merck & Cie v. Gnosis S.p.A., Appeal No. 2014-1779, the Federal Circuit affirmed…
Federal Circuit Holds Refusal to Register Disparaging Trademarks is Unconstitutional The U.S. Court of Appeals for the Federal Circuit, sitting en banc, issued a ruling that Section 2(a) of the…
MARATHON MONDAY does not Uniquely Identify the Boston Marathon Boston Athletic Association (BAA) operates the annual Boston Marathon which has taken place on the third Monday in April every year…
Expert Testimony Not Always Necessary to Establish Prima Facie Obviousness Case in Inter Partes Review In Belden Inc. v. Berk-Tek LLC, Appeal Nos. 2014-1575, 2014-1576, on appeal from an IPR,…
I AM Similar The Trademark Trial and Appeal Board (TTAB) affirmed the examiner’s decision to deny three applications for “I AM” marks filed by i.am.symbolic, LLC (“Applicant”), finding that Applicant’s…
Federal Circuit Declines to Reverse Invalidity, Noninfringement Holdings In Spectrum Pharmaceuticals, Inc. v. Sandoz Inc., Appeal No. 2014-1407, the Federal Circuit affirmed the district court’s grant of summary judgment of…
TTAB Delivers Sobering Hit to THCTea The Trademark Trial and Appeal Board found the mark “THCTea” to be deceptively misdescriptive when the underlying product contained no THC—the chief intoxicant in…
Federal Circuit Revives Possibility of Permanent Injunction in Apple-Samsung Patent Dispute In Apple Inc. v. Samsung Electronics Co., Appeal No. 2014-1802, the Federal Circuit reversed for abuse of discretion the…
The TTAB Finds Confusion Between WINEBUD Wine and BUD Beer The Trademark Trial and Appeal Board (TTAB) found that Applicant’s mark WINEBUD for wine is confusingly similar to Anheuser-Busch’s (“AB”)…
Federal Circuit Remands Record Damages Award For New Trial On Extraterritorial Sales In Carnegie Mellon University v. Marvell Technology Group, Ltd., Appeal No. 2014-1492, the Federal Circuit reversed a damages…
