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According to Patexia’s latest Trademark Intelligence Report, scheduled for release tomorrow, trademark application activity at the United States Patent and... Read More
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The Votes Are In: Highly Descriptive Marks Are Difficult to Protect
Written by:Sashank Krothapally and Jacob R. Rosenbaum HERITAGE ALLIANCE V. AMERICAN POLICY ROUNDTABLE Before Prost, Taranto, and Stark. Appeal from... Read More
Hard to Stomach: Things You Say to Prosecute a Patent Can and Will Be Used Against You
Written by: Nickolas Taylor and Daniel Kiang AZURITY PHARMACEUTICALS, INC. v. ALKEM LABORATORIES LTD. Before Murphy, Moore, and Chen. Appeal from... Read More
Fireball Frenzy: When First Registering a Mark, Genericness of a Mark Is Determined at the Time of Registration
Written by: Savannah J. Torborg and Kendall Loebbaka BULLSHINE DISTILLERY LLC v. SAZERAC BRANDS, LLC Before Moore, Reyna and Taranto. Appeal... Read More
No Error: The Board Committed No Procedural Error by Relying on Evidence Outside of the Prior Art Reference
Written by: Baiyu Zhu and Jacob R. Rosenbaum SAGE PRODUCTS, LLC v. STEWART [OPINION] Before Reyna, Cunningham, and Stark. Appeal from... Read More
U.S. Supreme Court Defers to Agency Decision-Making in FDA’s Denial of Premarket Approval of Flavored E-Cigarette Products
Written by:Makoto Tsunozaki, Ph.D. and Jane Dai, Ph.D. We previously reported a decision by the U.S. Food and Drug Administration... Read More
Traffix Jam – Technical Functionality Prevents Trademark Protection for the Color Pink
Written by: Matthew Pham and Jacob R. Rosenbaum CERAMTEC GMBH v. COORSTEK BIOCERAMICS LLC Before Lourie, Taranto, and Stark. Appeal from... Read More