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Archive: 2020

Oral Arguments - United States Patent and Trademark Office v.

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., the question before the Court is whether successfully established that it had acquired secondary meaning, which would support trademark protection for descriptive marks...

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Romag Fasteners, Inc. v. Fossil, Inc.

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...

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