On March 4, 2019, the Supreme Court agreed to hear Iancu v. NantKwest, Inc., which will determine whether unsuccessful applicants before the United States Patent and Trademark Office who elect to challenge adverse decisions before the district court must—win or lose—pay the PTO’s attorney’s fees….
The Supreme Court was busy yesterday issuing opinions involving copyright law (see the TMCA’s post yesterday on Fourth Estate vs. Wallstreet.com concerning the need to obtain a copyright registration before initiating an infringement suit). In a second important decision, Rimini Street, Inc. v. Oracle, Inc., the Court…
This morning, the Supreme Court resolved a longstanding circuit split about whether a copyright infringement plaintiff must first obtain a registration from the Copyright Office for the work upon which its claim is based before initiating an infringement lawsuit, or whether it need only file…
If you know how to Floss and Milly Rock, then you are way more hip than most, including the author of this post. Both are popular dance moves, along with the Shoot, Running Man, and the Carlton, the latter made famous by Alfonso Ribeiro as…
On the heels of launching its expedited cancellation program to clear deadwood from the Trademark Register, the U.S. Patent and Trademark Office has now pivoted to a related area: deadwood prevention. The PTO has issued a Notice of Proposed Rulemaking that, with one exception, would require foreign-domiciled…
Dorsey’s TMCA team has thoroughly covered the history of the dispute between the USPTO and Booking.com B.V., which started when the Trademark Trial and Appeals Board rejected the BOOKING.COM trademark as generic (covered here), and continued when the federal district court for the Eastern District…
Last week, we blogged about Fiji Water being sued for posting a meme of the Fiji Water Girl and using cardboard cutouts of her image in advertising. Well, Fiji Water is splashing back – They filed a cross-complaint alleging breach of contract, promissory estoppel and…
Comparative advertising can be an effective marketing tool to tout product benefits vs. competitors, but consumers shouldn’t need to read confusing fine print disclaimers and whip out their calculators to understand the ad claims. This was the lesson of a recent decision involving competitive drinkable…
Last week, we blogged about Gigi Hadid getting sued for reposing a photo of herself on Instagram and the post received a lot of interest. So we thought we’d also let you know about Fiji Water Company, LLC getting sued for posting a meme on…
Back in July 2017, the United States Patent and Trademark Office proposed a Streamlined Cancellation Proceeding (“SCP”) to expedite cancellation proceedings for challenges to registrations of allegedly unused marks. Following public comments, the PTO shelved the SCP. Instead of the SCP, the Trademark Trial and…
Jeffrey CadwellJeff advises clients on the availability, registrability, and stre...
Michael KeyesJ. Michael Keyes is an intellectual property attorney with exten...
Kaleb McNeelyAs a partner in the Trial Group, Kaleb practices primarily in the ...
Sarah RobertsonSarah has over fifteen years’ experience helping clients prot...
Fara SunderjiFara assists clients in the development and execution of all type...
Charlene KroghCharlene Krogh is a Partner in Dorsey’s top-ranked Tradem...
Evan EveristEvan is a partner in Dorsey’s Trademark, Copyright and Adverti...