Eleanor B. Atkins
McDermott Will & Emery
Articles
More ‘failure to function’ refusals in 2020
USA - January 21 2021 The trend at the Trademark Trial and Appeal Board (TTAB, the Board) affirming refusals for failure-to-function as a trademark continued in 2020. For…
Generic.com Terms are Not Ineligible for Registration
USA - January 21 2021 In June 2020, the Supreme Court issued its decision in the much-anticipated case addressing the registrability of so-called "generic.com terms" (a…
What’s Cookin’? No Likelihood of Confusion Between Two KITCHEN Marks
USA - January 21 2021 Addressing the assessment and application of the DuPont likelihood of confusion factors, the US Court of Appeals for the Federal Circuit upheld the…
2020 IP Law Year in Review: Trademarks - Executive Summary
USA - January 21 2021 2020 was a year like no other, so you’d be forgiven if the year’s biggest headlines in Trademark Law didn’t quite catch your attention. In 2020, the…
PTO Exam Guide: Post Booking.com, Generic.com Terms Still Face Uphill Battle for Registration
USA - November 12 2020 Addressing the Supreme Court of the United States’ ruling in USPTO v. BOOKING.com B.V., the US Patent and Trademark Office (PTO) recently issued…
