USPTO’S Attorney Fee Awards, Heads I Win, Tails You Lose
Under the American Rule “each litigant pays his own expense, win or lose, unless a statute or contract provides otherwise.” But recently the United States Patent…
Trademark Newsflash: Supreme Court Strikes Down Disparagement Clause
Since 1946, when the Lanham Act was enacted, the United States Patent and Trademark Office (USPTO) has denied registration of any trademark that “[c]onsists of ……
USPTO Asks Supreme Court to Uphold Its Right to Deny “Offensive” Trademarks
I previously wrote about a Supreme Court case pitting the United States Patent and Trademark Office (“USPTO”) and Section 2(a) of the Lanham Act against the…
“Disparaging” Federal Trademark Registrations: Gearing Up for the Main Event
Today the Supreme Court agreed to decide an ongoing conflict, pitting a trademark registrant’s First Amendment rights against longstanding law precluding trademark registration of “disparaging” marks. In…
Can the USPTO Still Reject “Disparaging” Trademarks? Stay tuned
Nobody knows, and that’s why the United States Patent and Trademark Office (USPTO) just filed a petition asking Supreme Court to settle its turf battle with the…
