» Trademarks

4th Circuit Vacates “Mo…

4th Circuit Vacates “Moke” Trademark Ruling

The Fourth Circuit has vacated and remanded an opinion by a lower court finding that the term “MOKE” is a generic term for the style of vehicles sold by both of the parties to the dispute. The case is Moke America LLC v. Moke International Ltd. A… Read More
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Categories: Trademarks
Ninth Circuit: Sales of E…

Ninth Circuit: Sales of Equity Can’t Constitute Trademark Infringement

The Ninth Circuit has affirmed a ruling that the advertisement and sale of equity in a company cannot constitute trademark infringement. The case is LegalForce RAPC Worldwide, P.C. v. LegalForce Inc. LegalForce RAPC Worldwide, P.C. (“LegalForce USA… Read More
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Categories: Trademarks
Second Circuit Finds Pers…

Second Circuit Finds Personal Jurisdiction over Chinese Company in “American Girl” Doll Case

The Second Circuit has reversed a ruling by a federal court in the Southern District of New York dismissing copyright and trademark claims over sales of counterfeit “American Girl” dolls. The Circuit Court found that the defendant Chinese company… Read More
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Categories: Trademarks
Federal Circuit Vacates S…

Federal Circuit Vacates Summary Judgement on Collateral Estoppel Issue

The Federal Circuit has vacated a summary judgment ruling in a patent case involving Qualcomm, finding that the court erred in its application of collateral estoppel and abused its discretion in excluding expert testimony on patent validity. The case… Read More
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Categories: Trademarks
Trademark Office Cancels…

Trademark Office Cancels DC and Marvel Superhero Trademarks

The Trademark Trial and Appeal Board (TTAB) canceled four SUPER HERO trademarks jointly owned by Marvel and DC after a challenge by a comic writer. As TechDirt explains, Scott Richold is a British comic artist who produces the Superbabies line of com… Read More
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Categories: Trademarks
Congress and Copyright Office Focus on New AI Digital Image Laws

Congress and Copyright Office Focus on New AI Digital Image Laws

The US Congress and the US Copyright Office have been thinking about how laws should be adjusted to deal with artificial intelligence (AI). The US Copyright Office has issued a report recommending the creation of a new federal law that would create a… Read More
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Categories: Trademarks
Trump Too Small Hands

Supreme Court Upholds Refusal of “Trump Too Small” Trademark

The US Supreme Court has ruled that the US Patent and Trademark Office (USPTO) correctly refused to grant a trademark for the phrase “TRUMP TOO SMALL.” During a 2016 presidential primary debate, Senator Rubio of Florida said that then-candidate D… Read More
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Categories: Trademarks
A blue brain with dots and lines

OpenAI Wins Trademark Injunction

A California federal court has ruled that a Silicon Valley entrepreneur may not use the trademark “OpenAI” because of a likelihood of confusion with Microsoft’s OpenAI. OpenAI, the founder of the generative artificial intelligence (AI) tool Cha… Read More
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Categories: Litigation, Trademarks
no tm

Federal Circuit Overturns Precedent in Dan Tana Restaurant Trademark Case

The Federal Circuit has overturned 50 years of precedent in a trademark case involving a famous West Hollywood restaurant. The case is Great Concepts, LLC v. Chutter, Inc. Great Concepts, LLC appealed the decision of the Trademark Trial and Appeal Bo… Read More
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Categories: Trademarks
duracell

Duracell Display Sound Can Be Registered as a Trademark

The Trademark Trial and Appeal Board (TTAB) has found that Duracell can register a sensory (sound) mark for “batteries” in International Class 9. As Duracell’s trademark application describes it, The mark is a sound. The mark consists of three… Read More
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Categories: Trademarks