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…

Registration Cancelled Where Services Related to Mark Not Provided Playdom, Inc. filed a petition to cancel Couture’s mark, arguing that the registration was void because Couture did not use the…

Patent Office’s Decision To Institute IPR Not Reviewable In IN RE CUOZZO SPEED TECHNOLOGIES, LLC, the Federal Circuit held it lacks jurisdiction to review the Patent Office’s decision to institute…