The Redskins Lose Again (Off the Field) A federal District Court affirmed the Trademark Trial and Appeal Board’s (TTAB) ruling that “Redskins” cannot be registered as a trademark for use…

Online Banking Patents Based On “Abstract Ideas” Held Patent Ineligible Under Alice In Intellectual Ventures I LLC v. Capital One Bank (USA), NA, Appeal No. 2014-1506, the Federal Circuit held…

Applicant’s Application for Concurrent Use Registration of DELMONICO’S is Denied Due to Likelihood of Confusion with Other Restaurants The Trademark Trial and Appeal Board (TTAB) refused Southwestern Management’s (Applicant) petition…

Nunc Pro Tunc Assignments Insufficient To Confer Retroactive Standing In ALPS SOUTH, LLC v. OHIO WILLOW WOOD CO., Appeal Nos. 2013-1452, 2013-1488, 2014-1147, and 2014-1426, the Federal Circuit reversed the…

Accused Infringer’s Good-Faith Belief In Invalidity No Defense To Induced Infringement In Commil USA, LLC v. Cisco Systems, Inc., No. 13-896, the Supreme Court held a good-faith belief a patent…

Is PRETZEL CRISPS a Generic Term? Federal Circuit Resets Standard for Genericness In an earlier precedential decision, the TTAB held there was a dichotomy in the standard for determining whether…

Attorneys’ Fees Might be More Readily Granted in Trademark Cases Last year, the U.S. Supreme Court relaxed the standard for awarding attorneys’ fees to the prevailing party in patent infringement…

Overly Narrow Statement Of Problem Can Show Reliance On Hindsight In INSITE VISION INCORPORATED v. SANDOZ, INC., Appeal No. 2014-1065, the Federal Circuit held that enunciating an overly narrow statement…

The Supreme Court Rules TTAB Findings May Have Preclusive Effect in Later Federal Court Proceedings B&B and Hargis have long contested each other’s rights in the mark “SEALTIGHT” for fasteners….

No Recovery Of Lost Profits From Related Companies’ Activities In WARSAW ORTHOPEDIC, INC. v. NUVASIVE, INC., Appeal Nos. 2013-1576, -1577, the Federal Circuit held that a company was not entitled…