Earlier this month, the Fifth Circuit ruled that under the Defend Trade Secrets Act (18 U.S.C. § 1836, et seq.) (“DTSA”), a defendant is not the “prevailing party” by virtue of a plaintiff voluntarily dismissing a DTSA claim, where the dismissal is without prejudice. The…
For our U.S. readers with Thanksgiving and food still on their minds, the TMCA thought it would be timely to comment on recent news from Europe about cheese. The Court of Justice of the European Union (“ECJ”) held that there was no copyright in the…
The TMCA is back from the 2018 ANA/BAA Marketing Law Conference, Upping Your Game: Pragmatic Business and Compliance Strategies. While in Chicago, we had the privilege of obtaining a comprehensive review of this year in marketing law and gained some insight into the areas of…
Obtaining trademark registration for color trademarks can be a complicated undertaking. In a recent precedential opinion, the Trademark Trial and Appeal Board in In re Forney Industries, Inc. weighed in on the registrability of a color mark when used on product packaging, holding that: (1) color…
Earlier this year, we wrote about the First Circuit’s decision in In re Tempnology, LLC, a bankruptcy case in which the First Circuit cemented a circuit split over whether a trademark licensee could retain its trademark rights after a debtor rejected the trademark license under…
The EU General Data Protection Regulation (GDPR), billed as the most important development in data privacy regulation in at least 20 years, arrived with a bang in May of this year and companies have been scrambling to implement compliance measures that will avoid its stiff…
In the latest chapter of a long-running trademark dispute involving the outsole used by Converse, Inc. with its well-known CHUCK TAYLOR shoes, the U.S. Court of Appeals for the Federal Circuit has issued a ruling vacating an International Trade Commission decision that went against Converse and booting the…
In the not too distant past, consumer product brands hired celebrity figures to act as their official ambassadors. These celebrities appeared in traditional media such as TV commercials and celebrity interviews in print publications, as well as online. Jamie Lee Curtis spooning up Dannon Activia…
The USPTO issued an unusual advisory bulletin last week, warning the public of a rash of “unauthorized changes” to active trademark applications and registrations. The bulletin, which can be found here, reveals that the PTO believes these may be part of a potential “scheme to…
The recent decision of DeLorean v. DeLorean Motor Co. is no doubt significant to the parties as well as attorneys and courts who will cite it in future briefs and decisions. However, it is also important because it demonstrates that the intellectual property rights associated with…
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...