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In September 2018, the U.S. Patent and Trademark Office (USPTO) created a Precedential Opinion Panel (POP) to establish binding authority before the Patent Trial and Appeal Board (PTAB)...
On May 4th, 2020, for the first time in history, the US Supreme Court heard oral arguments over the telephone and offered a live audio stream. In United States Patent and Trademark Office v. Booking.com, the question before the Court is whether Booking.com successfully established that it had acquired secondary meaning, which would support trademark protection for descriptive marks...
Archive: 2020
On April 23rd, 2020, the U.S. Supreme Court unanimously held that willfulness is not required for trademark owners to recover damages from infringers, settling a Circuit Court split on the matter. Six Circuit Courts previously required willfulness in order to award profits to non-competitors while six other Circuit Courts did not...
The U.S. Supreme Court denied the Automotive Body Parts Association’s petition for certiorari from the Federal Circuit’s decision upholding Ford design patents for “new, original and ornamental design” headlamp and hood designs on certain models of Ford’s F-150 trucks...