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Venue Options Get Smaller in BigCommerce

USA - May 16 2018 On May 15, 2018, the Federal Circuit granted BigCommerce, Inc.’s petition for a writ of mandamus and held that — for purposes of determining venue…

Jeffrey R. Swigart.

The Times They Are a-Changin’: Marks Cannot Be Refused Registration as Scandalous or Immoral

USA - March 8 2018 On December 15, 2017, the Federal Circuit held that the Lanham Act’s prohibition of immoral or scandalous matter under 15 U.S.C. §1052(a) (“Section…

Abigail Lubow, W. Scott Brown.

Taking Offense: Supreme Court Strikes Lanham Act’s Prohibition of “Disparaging” Trademarks

USA - June 28 2017 On June 19, 2017, the Supreme Court struck down the prohibition on the registration of offensive trademarks. Matal v. Tam, No. 15-1293, 582 U.S. ___…

Rachael P. McClure, W. Scott Brown.

Supreme Court Finds Patent Law Exhausting

USA - May 30 2017 On May 30, 2017, in Impression Products, Inc. v. Lexmark International, Inc., No. 15-1189, the Supreme Court reversed the Federal Circuit’s en banc…

Erin Ator Thomson, John P. Elwood, Siho (Scott) Yoo.

Hunting Pirates at the ITC: A Cost-Effective Approach to Brand Protection

USA - May 9 2017 Piracy is one of the larger threats to brand owners. Going after pirates can be costly and traditional fines from Customs & Border Patrol do little to…