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Marks, Works & Secrets Blog

Articles: 1-10 of 46

The Third Circuit Goes Bananas

USA - August 14 2019 In Silvertop Associates, Inc. v. Kangaroo Manufacturing, Inc., the Third Circuit applied the two-part test set forth in the Supreme Court’s decision…

Cannabis Trademarks Redux

USA - July 26 2019 In a case affecting the fast-growing legal cannabis industry, the Trademark Trial and Appeal Board (“TTAB” or “Board”) affirmed the United States…

APOGEE at its Nadir for Louis Vuitton at Federal Circuit

USA - July 16 2019 The Federal Circuit recently sustained the Trademark Trial and Appeal Board’s (“TTAB” or the “Board”) refusal to register Louis Vuitton Malletier’s…

Will Lucky Get Lucky This Time Around?

USA - July 8 2019 On Friday, June 28, 2019, the U.S. Supreme Court agreed to consider whether, in cases where a plaintiff asserts new claims, federal preclusion…

Supreme Court Will Decide When Trademark Infringers May Be Ordered to Forfeit Profits

USA - July 3 2019 On Friday, June 28, 2019, the U.S. Supreme Court agreed to decide the circumstances necessary to support an award of a trademark infringer’s profits…

Supreme Court Holds Ban on Immoral or Scandalous Trademarks Unconstitutional

USA - June 30 2019 On June 24, 2019, the United States Supreme Court, in Iancu v. Brunetti, reviewing the trademark application for “FUCT”, held that the Lanham’s Act’s…

Supreme Court to Rule on Copyright Protection of State Annotated Legal Codes

USA - June 26 2019 On June 24, 2019, the U.S. Supreme Court granted certiorari to decide whether states can claim copyright protection in annotated codes. State of…

Rejection (In Bankruptcy) Does Not Spurn Trademark Licensees

USA - May 29 2019 The United States Supreme Court in Mission Product Holdings, Inc. v. Tempnology, LLC (No. 17-1657) (May 20, 2019) resolved a deep circuit split and…

Marks For Hemp and Cannabis

USA - May 10 2019 The United States Patent and Trademark Office recently issued a new Examination Guide relating to trademarks for cannabis and cannabis-related goods…

Copyright Doubleheader At The Supreme Court

USA - March 5 2019 The Supreme Court unanimously decided two Copyright Act cases on March 4, 2019. In Rimini Street, Inc. v. Oracle USA, Inc., the Court held that the…