Category: Government

Government, In The News

Supreme Court To Decide if Law Preventing Registration of Disparaging Trademarks is Unconstitutional

The Supreme Court recently granted cert (meaning that they agreed to hear arguments) in Lee v. Tam, a case challenging the United States Patent and Trademark Office’s ban on the registration of ‘disparaging’ trademarks. The Supreme Court will hear arguments on this issue, but denied the request of the owners of the Washington Redskins’ trademarks for their pending appeal to […]

Government, Government, In The News, Industries

Trademark Applicants Who Appeal to District Court Must Pay USPTO Attorney Costs, Fourth Circuit holds in Shammas v. Focarino

There are multiple avenues for an applicant to appeal a Trademark Trial and Appeal decision, but the Fourth Circuit held that applicants who choose to appeal to a District Court must pay the United States Patent and Trademark Office’s attorney’s fees and related expenses. On April 23, 2015, the United States Court of Appeals for the Fourth Circuit upheld 2-1 a […]

Government, Government, In The News, Industries

Supreme Court Holds 7-2 that TTAB Decisions Can Be Preclusive in Narrow Circumstances

On March 24, 2015, the Supreme Court issued its opinion reversing the Eighth Circuit and holding that, in some narrow circumstances, a Trademark Trial & Appeal proceeding can have preclusive effects on federal district court litigation. In December, the Supreme Court heard oral arguments for B&B Hardware vs. Hargis, an appeal from an Eighth Circuit ruling that the District of […]

Government, In The News

Supreme Court Hears Oral Argument on Case With Significant Implications for TTAB Litigation

On Tuesday, December 2nd, 2014, the Supreme Court heard oral arguments from the parties in B&B Hardware vs. Hargis on whether the Trademark Trial & Appeal Board’s findings on the issue of likelihood of confusion should preclude the parties from re-litigating the issue in federal court. This ruling could have major implications on the weight and attention given to trademark opposition […]