Searching Content indexed under Trademark by Ropes & Gray LLP ordered by Published Date Descending.
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Federal Circuit Reverses Court, Revises Swagway v. ITC Opinion To Vacate Holding On Preclusive Effect of ITC Decisions
On August 14, 2019, the Federal Circuit granted the request for panel rehearing.
United States
19 Aug 2019
Supreme Court Holds That The Ban On Registration Of Immoral And Scandalous Trademarks Is Unconstitutional Viewpoint Discrimination
In 2017, in Matal v. Tam (582 U.S. ___ (2017)), the U.S. Supreme Court found that the ban on the registration of "disparaging" trademarks was unconstitutional viewpoint discrimination...
United States
24 Jul 2019
U.S. Supreme Court Upholds State Law Rights Of Trademark Licensees And Other Non-Debtor Contract Parties In Bankruptcy
On May 20, 2019, the U.S. Supreme Court issued an 8-1 ruling in the case of Mission Product Holdings, Inc. v. Tempnology, LLC.
United States
5 Jun 2019
Federal Circuit Holds That ITC's Trademark Decisions Are Not Binding On District Courts, Creating A Potential Circuit Split
The U.S. International Trade Commission, a quasi-judicial independent agency based in Washington, D.C., is a common forum for patent, trademark, and trade secret disputes.
United States
17 May 2019
Recent Federal Circuit Ruling Shows The Value Of The U.S. International Trade Commission In Addressing Intellectual Property Infringement
In a precedential opinion, the Federal Circuit on December 7, 2018 reversed the final determination of the U.S. International Trade Commission (ITC) ...
United States
22 Jan 2019
Podcast: PTAB Update: New USPTO Director Brings Significant Changes To PTAB
The Patent Trial and Appeal Board ("PTAB") is experiencing significant practice changes thanks to recent feedback from the Supreme Court.
United States
13 Jun 2018
New Rules At The U.S. International Trade Commission—Amended Rules Of Practice And Procedure Become Effective This Week
Last month, the U.S. International Trade Commission (ITC) announced long-anticipated amendments to its Rules of Practice and Procedure, which are currently codified in 19 C.F.R. Chapter II.
United States
6 Jun 2018
Separation Anxiety – UK Government Publishes Position On The Use Of Data And Protection Of Information Obtained Or Processed In UK Prior To Brexit
The UK Government has published a Technical note: Other Separation Issues reiterating "the joint UK and EU desire to establish a deep and special future partnership" and confirming the UK's position on technical issues ...
20 Mar 2018
PTAB Remands From The CAFC: Mixed Outcomes
When appealing a decision of an administrative agency such as the Patent Trial & Appeal Board (PTAB), reversal is quite rare.
United States
19 Mar 2018
Looking Beyond Patents At The International Trade Commission - Is The ITC An Underutilized Forum?
The ITC is first and foremost a trade forum tasked with ensuring international parity in trade.
United States
19 Oct 2017
Podcast - Supreme Court Ruling: Star Athletica v. Varsity Brands
Today I'm joined by IP litigation counsel Evan Gourvitz from Ropes & Gray's New York office.
United States
30 Mar 2017
VIDEO: IP Strategies For Financial Technology
Leslie Spencer, an IP litigation partner, discusses the importance of developing a comprehensive and forward-looking intellectual property strategy for financial technology (FinTech) innovations.
United States
2 Feb 2017
Supreme Court Rules That TTAB Decisions Can Have Preclusive Effect In Federal Court
On March 24, 2015, in a trademark dispute, the United States Supreme Court determined that "likelihood of confusion for purposes of registration [of a trademark] is the same standard as likelihood of confusion for purposes of infringement."
United States
26 Mar 2015
Supreme Court Rules That Trademark "Tacking" Is A Question For The Jury
On January 21, 2015, the Supreme Court in Hana Financial, Inc. v. Hana Bank, No. 13-1211, unanimously held that whether different versions of a trademark may be "tacked" for purposes of determining priority is a jury question.
United States
23 Jan 2015
Supreme Court Unanimously Reverses Ninth Circuit's Decision In "POM Wonderful v. Coca-Cola"
On June 12, 2014, the Supreme Court in POM Wonderful LLC v. Coca-Cola Co. ruled that a competitor may bring a Lanham Act false advertising claim.
United States
18 Jun 2014
China Simplifies Cross-Border Funds Transfers Made As Part Of Intellectual Property Transactions
Synopsis: Historically, to complete a foreign exchange payment at a Chinese bank as part of a technology or intellectual property agreement, various registrations (with local Ministry of Commerce, the Patent Office or Trademark Office) were required.
23 Oct 2013
New Rules At The ITC Target Efficiency, Require Caution
The U.S. International Trade Commission recently issued two sets of final rules, which may substantively alter ITC practice on a going-forward basis.
United States
17 Jul 2013
ICANN Deadline Fast Approaching For Objections To New Top-Level Domains
The deadline is fast approaching for third parties to object to any of the nearly 2,000 new generic top-level domains currently under review by the ICANN.
United States
14 Feb 2013
In Re Interstate Bakeries Corporation: Eighth Circuit Affirms Invalidation Of Prepaid, Exclusive Trademark License In Bankruptcy
Acquirors of branded businesses often acquire prepaid, perpetual, exclusive trademark licenses to use the business’s trademarks.
United States
7 Sep 2012
Seventh Circuit Strengthens Protection For IP Licenses In Bankruptcy
On July 9, 2012, the United States Court of Appeals for the Seventh Circuit significantly strengthened the potential ability of licensees to trademarks, international intellectual property, and other rights to continue to enjoy the benefits of their licenses despite a licensor’s bankruptcy.
United States
17 Jul 2012
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