Certain changes to the Polish Intellectual Property Law came into force on March 16, 2019. The most significant changes were in response to EU Directive 2015/2463 of the European Parliament and of the Counsel of December 16,More
New USPTO Rule Requires U.S.-licensed Lawyers for Foreign-domiciled Applicants, Registrants, and Parties to TTAB Proceedings
By Allison Strickland Ricketts
This new U.S. rule requiring that non-U.S.-domiciled applicants, registrants and parties to TTAB proceedings be represented by qualified U.S. counsel in proceedings before the USPTO and TTAB will be effective August 3,More
Responding to Surge in Fraudulent USPTO Specimens
Tamar Niv Bessinger and Jessica Vosgerchian‘s article entitled “Responding to Surge in Fraudulent USPTO Specimens” was published in the Summer edition of Today’s General Counsel. The article explores strategies for addressing fraudulent trademark applications that threaten to interfere with brand owner’s business.More
Supreme Court: Iancu v. Brunetti
Prohibition of “Immoral or Scandalous” Marks Struck Down
Iancu v. Brunetti, 586 U.S.
___ (2019)
Today, the United States Supreme Court
struck down as unconstitutional the provision of Section 2(a) of the U.S.More
Canada: New Trademark Regime
The long-awaited new Canadian trademark regime came into force on June 17, 2019. In its final form, the most significant changes include the following:
Registration
- classification of goods and services based on the Nice Classification;
Supreme Court: Copyright Registration Prerequisite to Civil Infringement Action
Fourth Estate Public Benefit Corporation v. Wall-Street.Com, LLC, No. 17-571, 586 U.S. ____ (2019)
In its unanimous March 4, 2019 opinion, the United States Supreme Court affirmed the judgment of the Court of Appeals for the Eleventh Circuit in holding that copyright owners must wait for the U.S.More
Supreme Court: Meaning of “Full Costs” in Section 505 of the Copyright Act Clarified
Rimini
Street, Inc. v. Oracle USA, Inc., 139 S.Ct. 873 (2019)
Section 505 of the
Copyright Act permits a court to award “full costs.” The general federal statute governing awards
of costs specifies six categories of litigation expenses that qualify as
“costs:” More
Supreme Court: Bankrupt Trademark Licensor Cannot Terminate Trademark License
Eastern District of Texas: Unregistered Trade Dress for Wedding Venue Likely to Prevail in Infringement Action
Sparrow
Barns & Events LLC v. The Ruth Farm Inc., No. 4:19-CV-00067 (E.D. Tex. Apr. 10,
2019)
A district court in
Texas recently granted a preliminary injunction in a case involving
unregistered trade dress rights for a popular wedding venue. More
USPTO: Updates to Approved Identifications of Goods and Services
The USPTO periodically updates its database of approved
identifications of goods and services. https://idm-tmng.uspto.gov/id-master-list-public.html.
These changes often are made to conform
to updates in the international Nice Classification system. Another source of changes is user suggestions
to add identifications for types of goods/services or goods/services which are
not well-covered in the existing USPTO Manual of Acceptable Identifications.More