Ewa Wojciechowska

McDermott Will & Emery

Articles

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The Steep Price of Not Being Exceptional

USA - March 11 2021 Addressing the appropriate standard for determining what makes a trademark case sufficiently exceptional to warrant an award of attorney fees, the US…

No More Bites at the Apple: Intervening Junior User Can Force You to Get Your Head Out of the Cloud(s)

USA - February 4 2021 Addressing how a mark’s intervening junior user’s success can affect a senior user, the US Court of Appeals for the Fourth Circuit upheld a grant of…

Courts on Counterfeits in 2020

USA - January 21 2021 Counterfeits received a closer look in 2020. This included the bipartisan SHOP SAFE Act introduced in Congress in March 2020, which aims to…

Sarah Bro.

Color Me Surprised: Multicolor Marks can be Inherently Distinctive

USA - January 21 2021 In a break from precedent, the Federal Circuit has ruled that some color-based marks can be inherently distinctive, and thus a showing of acquired…

Trademark Law Updates - Fees, Fraud and Injunction Presumptions

USA - January 21 2021 To be certain, 2020 was no run-of-the-mill year for trademark laws and regulations. Specifically, the USPTO shook up its TTAB fees, and Congress…