Kevin Bovard

Federal Circuit Clarifies Standard For Bringing a Cancellation Proceeding under 15 U.S.C. § 1064

By Kevin Bovard on December 2, 2020 Posted in Trademark

In a recent decision, Corcamore, LLC v. SFM, LLC, 978 F.3d 1298 (Fed. Cir. 2020), the Court of Appeals for the Federal Circuit clarified the standard for maintaining a petition to cancel a trademark registration under §1064 of the Lanham Act. The Federal Circuit noted that while these questions are often framed as questions of … Continue Reading

No Luck Needed for Lucky Brand at the Supreme Court

By Kevin Bovard on May 15, 2020 Posted in Trademark

The Supreme Court yesterday issued its second trademark decision of this term. In Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., Case No. 18-1086 (S. Ct. May 14, 2020), the ultimate question before the Court was the applicability of “defense preclusion.” Specifically, the Court considered whether and under what circumstances a defense may be … Continue Reading

Canada: New Trademark Laws Go Into Effect

By Kevin Bovard on June 26, 2019 Posted in Trademark

On June 17, Canada implemented long-awaited changes to its trademark laws. These updates are designed to modernize Canadian trademark practice and bring Canada more in line with international practice. Businesses with brand interests in Canada will want to be aware of these important changes, the most significant of which are described here. Madrid Protocol: Canada … Continue Reading

No Bull: Acquired Distinctiveness Is Not a Given

By Kevin Bovard on April 20, 2017 Posted in Trademark

The Trademark Trial & Appeal Board recently issued a nonprecedential decision that serves as a good reminder that distinctiveness is not automatically acquired simply by long-standing use. Klickitat Valley Chianina, LLC, Serial No. 76715490 (March 16, 2017). Nor are declarations attesting to exclusive use for five-plus years automatically sufficient to pass a trademark application through … Continue Reading

Supreme Court Clarifies Test for Fee-Shifting in Copyright Cases

By C. Dennis Loomis and Kevin Bovard on June 20, 2016 Posted in Copyright

The Supreme Court on June 16 issued a unanimous ruling clarifying the test for awarding attorneys’ fees to successful copyright litigants. The decision, in Kirtsaeng v. John Wiley & Sons, Inc., is sure to have lasting impact on how both plaintiffs and defendants weigh the risk of litigating a copyright case to completion. BACKGROUND The … Continue Reading

Supreme Court Clarifies Test for Fee-Shifting in Copyright Cases

By Kevin Bovard and C. Dennis Loomis on June 20, 2016 Posted in Copyright

USPTO Pilot Program: Trademark Registrations May Now Be Broadened To Account For Evolving Technology

By Kevin Bovard on September 9, 2015 Posted in Uncategorized

Trademark Office rules generally prohibit the broadening of goods and services identified in existing trademark registrations. But on September 1, the USPTO announced a new pilot program that will create a limited exception to this rule. Beginning September 1, trademark owners may now petition to broaden their registrations’ identified goods and services where such changes … Continue Reading

Federal Circuit affirms PTAB in first IPR final written decision appeal

By Kevin Bovard on February 16, 2015 Posted in Uncategorized

The Federal Circuit recently issued its first ruling on an appeal from an inter partes review (IPR) final written decision, In re Cuozzo Speed Technologies. In doing so, the court affirmed the USPTO’s Patent Trial and Appeal Board (PTAB) on two critical issues, offering further clarity for Patent Office litigants.… Continue Reading