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The Third Circuit Limits Preclusive Effect of the TTAB Rulings

USA - September 28 2021 On September 17, 2021, the Third Circuit held in Beasley v. Howard that trademark Cancellation proceedings before the Trademark Trial and Appeal…

Ira S. Sacks

The Third Circuit Limits Preclusive Effect of the TTAB Rulings

USA - September 28 2021 On September 17, 2021, the Third Circuit held in Beasley v. Howard that trademark Cancellation proceedings before the Trademark Trial and Appeal…

Ira S. Sacks

If Warhol Isn’t Transformative, Who (or What) Is? The Second Circuit Finds Andy Warhol’s Prince Series Not Fair Use

USA - April 8 2021 On March 26, 2021, the Second Circuit reversed a 2019 district court ruling and held that Andy Warhol’s “Prince Series” did not qualify as fair use…

Ira S. Sacks

Genericness is in the Eye of the Beholder, i.e., the Public: BOOKING.COM is a Protectable Trademark

USA - July 7 2020 On June 30, 2020, the U.S. Supreme Court (the “Court”), in an 8-1 decision, affirmed the Fourth Circuit’s holding that “BOOKING.COM” is a protectable…

Ira S. Sacks

After Almost 20 Years of Litigation, “Lucky” Finally Gets Lucky

USA - May 18 2020 On May 14, 2020, the United States Supreme Court held in Lucky Brand Dungarees Inc., et al. V. Marcel Fashion Group Inc., that a party is not…

Ira S. Sacks