by Michael Gallagher | Dec 9, 2019 | Intellectual Property
A recent decision from the federal district court in Delaware highlights an important difference between trademark registrations and trademark infringement, potentially giving trademark holders a step ahead in enforcement (read it here). New Balance, the maker of...
by Michael Gallagher | Sep 9, 2019 | Intellectual Property
In a case recently decided by the Court of Appeals for the Federal Circuit (CAFC), the appeals court appears to announce procedural requirements that may cut down the usefulness of early dismissal motions under the Supreme Court’s landmark Alice Corporation case (read...
by Michael Gallagher | Jul 11, 2019 | Intellectual Property
The U.S. Supreme Court has struck down the U.S.P.T.O.’s long-standing ban on the registration of trademarks comprising “scandalous” and/or “immoral” trademarks (read here). Petitioner Erik Brunetti has tried to register the mark F-U-C-T for a clothing line and...
by Michael Gallagher | May 30, 2019 | Intellectual Property
The USPTO has issued a new examination guide with the weighty title “Examination of Marks for Cannabis and Cannabis-Related Goods and Services after Enactment of the 2018 Farm Bill.” Unfortunately, what many had hoped would be an opening for marijuana marks turns out...
by Michael Gallagher | May 9, 2019 | Business, Intellectual Property, Litigation
Patent infringement has long been subject to a special venue (site of litigation) statute, 28 U.S.C. 1400. Unlike general venue statutes which concentrate on where an injury took place, the nature of the parties, and convenience of the parties and courts; Section 1400...
by Michael Gallagher | Apr 5, 2019 | Business, General, Intellectual Property, Litigation
A recent Ohio Ninth Circuit Court of Appeals case, based on some convoluted facts and possibly misguided in its outcome, nonetheless illustrates some very important business realities on the intersection of trade names and trademarks in Ohio. Wooster Floral &...
