DEA Confirms Cannabis Rescheduling
It was announced that the U.S. Drug Enforcement Administration (DEA), the federal agency responsible for enforcement of federal drug laws, will take up the recommendation from the U.S. Health and...
Category: "trademark"
Limitations on Federal Trademark Law Reach: No Extraterritoriality Under Lanham Act
This posting reviews the last IP case decided by the U.S. Supreme Court in its 2022 term. As mentioned before, the keyword among these cases is “limitation.” The consensus of the Court is that...
Limitations of the 1st Amendment in Trademark Cases: the Dog Toy Case
Reviewing the last U.S. Supreme Court 2022 term, the highest court decided several high-profile cases involving intellectual property rights. The keyword among these cases – two trademark, one...
8th Circuit Holds One Block Does Not Infringe Another
On January 24, 2023, the Court of Appeals for the Eighth Circuit held in H&R Block, Inc. v. Block, Inc., that defendant Block’s trademark was not likely to confuse consumers as to source of the...
9th Circuit Expands Service of Process Against Foreign Defendant
On November 14, 2022, in San Antonio Winery, Inc. v. Jiaxing Micarose Trade Co., Ltd., the Court of Appeals for the 9th Circuit held that process may be effected on a nonappearing foreign defendant...
9th Circuit Punches the First Amendment into the Bowl
The facts are as follows. The plaintiff, Punchbowl, Inc., is an online greeting card company, using and owning the PUNCHBOWL mark since 2006. The defendant AJ Press is the owner of PUNCHBOWL NEWS, an...
New Response Deadline Rule Soon to Take Effect
As part of the implementation of the Trademark Modernization Act (TMA) of 2020, the new USPTO rule (formerly 37 C.F.R. §2.62(a)) to respond to trademark office actions will drop from the former...
USPTO Begins ID Verification for Trademark Applications
On June 30, 2022, the USPTO’s new Director, Kathi Vidal, discussed the new identity verification requirements for filing of new trademark applications, commencing on August 6, 2022 (just in five days...
USPTO Updates Exam Guide for Generic Marks
On May 23, 2022, the U.S. Patent and Trademark Office updated its exam guideline for examining generic marks, Examination Guide 1-22. The guideline clarifies that the establishment of a prima facie...
Spotlight on I.P.: Geographical Indications
When asked to describe what is I.P., most people will reply with a generalized answer of patents, copyrights, or trademarks. However, the field of intellectual property encompasses more...
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