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USPTO: Registration of non-traditional trademarks

September 5 2018 While trademark protection is most commonly associated with source identifiers such as individual words, logos, slogans, and a combination of these…

Protecting New Fashion Designs Through U.S. Design Patent Rights

December 6 2017 Protections available for new fashion designs in the U.S. appear more limited than in certain other countries and jurisdictions. There is no…

GDPR: changes to WHOIS, and what comes next

May 21 2018 On May 25, 2018, the European General Data Protection Regulation ("GDPR") went into effect. Although the GDPR has many provisions that will impact…

Amazon Not Liable For Third-Party Sellers’ Alleged Infringement

August 16 2017 The Court of Appeals for the Federal Circuit recently affirmed a district court's decision that Amazon.com, Inc. ("Amazon") was not liable for…

New USPTO Requirements for All Applicants/Registrants

August 12 2019 The USPTO now requires all applicants and registrants to provide their physical street address in order to establish their “domicile.” The USPTO…

Supreme Court: Willful Trademark Infringement Not a Prerequisite to Profit Awards

June 3 2020 The U.S. Supreme Court resolved a longstanding split among the lower appellate (Circuit)…

France: Administrative Invalidation and Revocation Actions Now Available

June 3 2020 As discussed in our February 2020 article, a new French trademark law was passed in November 2019 to meet the requirements of EU Directive 2015/2436…

Nicaragua: Amendments to Trademark Law

June 3 2020 Amendments to the Nicaraguan Trademark Law came into force on April 3, 2020 to expedite trademark proceedings. The amendments were effected by Law No…

Federal Circuit: Color Marks on Product Packaging Can Be Inherently Distinctive

June 3 2020 In a recent decision, the Court of Appeals for the Federal Circuit held that color…

Canada: Protective Orders in Trademark Cases

June 3 2020 Historically, the Federal Court of Canada (where most IP litigation is heard)…