Where two foreign consortiums filed an application to register the word “GRUYERE” as a certification mark, in order to label cheese that is produced in the Gruyère region of Switzerland and France, their application was denied because the term “GRUYERE” ...

Tagged with: 4th U.S. Circuit Court of Appeals Intellectual Property Judge Roger L. Gregory

Where a man challenged a decision denying his trademark application to register a character in his video game, but his appeal remained pending before the Trademark Trial and Appeal Board, or TTAB, the suit was dismissed. He first had to ...

Tagged with: Intellectual Property Judge Leonie M. Brinkema U.S. District Court - Eastern District

Where a photographer suing for unauthorized use of his photograph failed to disclose his actual damages in his Rule 26 disclosures, but the defendant was aware the photographer was seeking such damages, had information regarding such damages well before trial ...

Tagged with: Intellectual Property Judge Norman K. Moon U.S. District Court - Western District

Where defendants argued a company lacked standing to assert a trademark cancellation claim because they had voluntarily surrendered the trademark, the court rejected that argument. The company alleged it was damaged prior to the voluntary surrender, which was sufficient to ...

Tagged with: Intellectual Property Judge Norman K. Moon U.S. District Court - Western District

Cybersquatters may violate federal law even if they aren’t the original registrants of the challenged domain, according to a ruling from the 4th U.S. Circuit Court of Appeals. In a matter of first impression, the Fourth Circuit affirmed summary judgment ...

Tagged with: 4th U.S. Circuit Court of Appeals Intellectual Property Judge Stephanie Dawn Thacker

Where a patent holder previously filed five patent infringement suits in the Eastern District of Texas against purchasers of “high pressure fuel injection valves,” a suit brought by the manufacturer of those valves, seeking a declaration of non-infringement, was transferred ...

Tagged with: Intellectual Property Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

“Silence is of different kinds, and breathes different meanings.” — “Villette” by Charlotte Brontë Silence is not disclosure, except when it is. This year, the Federal Circuit decided multiple patent cases addressing negative claim limitations and the meaning of silence. ...

Tagged with: Intellectual Property Patent and trademark

In an issue of first impression, the court held that although a company was not the initial registrant of the relevant domain name, it could nonetheless be held liable for cybersquatting because the Anti-Cybersquatting Consumer Protection Act, or ACPA, encompasses ...

Tagged with: 4th U.S. Circuit Court of Appeals Intellectual Property Judge Stephanie Dawn Thacker

Timberland boots have an iconic look that has been copied by numerous competitors. That didn’t stop a federal court from upholding the USPTO’s denial of an application seeking registration of several specific features of one of its boots as a ...

Tagged with: Intellectual Property Judge Claude M. Hilton U.S. District Court - Eastern District

Where the company that makes Timberland boots argued that eight specified features of one of its boots qualified for a trademark, but the evidence showed that the features were functional, the boots were ineligible for registration under the Lanham Act. ...

Tagged with: Intellectual Property Judge Claude M. Hilton U.S. District Court - Eastern District