In her forthcoming article, The First Amendment Walks into a Bar: Trademark Registration and Free Speech, Notre Dame Law Review (download from her 43(B)log here), Professor Rebecca Tushnet argues that ...
Yesterday in Bamberg v. Dalvey, __ F.3d __ (Fed. Cir. 2016)(Hughes, J.), following Tronzo v. Biomet, Inc., 156 F.3d 1154 (Fed. Cir. 1998), the court narrowed the scope of the invention ...
On Monday, March 7, 2016, the Supreme Court denied the petition for a writ of certiorari filed by Milo Shammas in Shammas v. Hirschfeld, formerly known as Shammas v. Focarino. ...
The Board affirmed a Section 2(e)(1) refusal to register the mark NAG CHAMPA, finding the mark to be merely descriptive of "incense sticks." The Board concluded that the mark "describes ...
In In re: Queen’s University at Kingston, __ F.3d __ (Fed. Cir. March 7, 2016)(O’Malley, J.), a divided court, in a case of first impression, determined that there is an ...
The Board rendered a split decision in this Section 2(d) opposition to registration of the mark shown immediately below [FRESH and BODY disclaimed] for "non-medicated skin care preparations, namely, lotions" ...
Charles McKenney was a retired patent attorney who spent his entire career with the New York firm of Pennie & Edmonds, a leading patent firm of the twentieth century. With ...
While it is theoretically possible to petition the Patent Office to compel rulemaking, petitioner faces a heavy burden to succeed, as manifested by Service Women’s Action Network v. Sec’y of ...
The Board issued an Order yesterday vacating its HOUNDSTOOTH MAFIA decision, in compliance with the February 23, 2016 Order of the U.S. District Court for the Northern District of Alabama ...
Teresa Earnhardt, widow of race car driver Dale Earnhardt, opposed two applications of her stepson Kerry's company for the mark EARNHARDT COLLECTION for furniture and custom construction of homes, on ...