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Supreme Court Revises the Book on Generic Terms in Booking.com

USA - July 1 2020 The United States Supreme Court issued the long-awaited Booking.com decision on Tuesday. Justice Ginsburg delivered the 8-1 opinion of the Court…

Briana Falcon, Steve R. Borgman.

Willfulness Not Required for an Award of Profits for Trademark Infringement under the Lanham Act

USA - April 24 2020 In Romag Fasteners, Inc. v. Fossil, Inc., 590 U.S. ____ (April 23, 2020), the Court held that a showing of willfulness in a trademark case is not…

Briana Falcon, Steve R. Borgman.

An Overview of 2019 Supreme Court Trademark Developments

USA - December 31 2019 This year (2019) marks a significant year in the development of United States Supreme Court trademark jurisprudence. Much public commentary has…

Briana Falcon.

Federal Circuit Vacates PTAB’s Affirmance of Examiner’s Obviousness Rejection For Failure to Consider Arguments in Applicant’s Reply Brief

USA - June 4 2018 During the patent appeal process conducted by the Patent Trial and Appeal Board (PTAB), the PTAB must consider the applicant’s response to newly…

Abigail Lubow.

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, Steve R. Borgman.