Sellers of carved wood furniture spar over relevance of copying in trademark

Sellers of carved wood furniture spar over relevance of copying in trademark

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

In June, a unanimous Supreme Court threw out a decision by the U.S. Court of Appeals for the 9th Circuit in a trademark dispute over a mock Jack Daniel’s bottle. The justices ruled that a satirical dog toy in the style of the famous whiskey bottle was not protected by … Read the rest

Korea Trademark Act Amendments

The Korean Intellectual Property Office has put out a useful guide to recent Korea Trademark Act amendments.  Below is a summary of amendments effective as of April 20, 2022:

Extension of Trial Request Period.  The time to request a trial against an amendment rejection or a final rejection has been extended from 30 days to three months.

Petition for Restoration of Trademarks.   The grounds to restore trademark rights that have been extinguished due to invalidity of trademark procedures … Read the rest

Trademark infringement and procedural rules

Trademark infringement and procedural rules

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This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the holder of a U.S. trademark can win damages for trademark infringements in foreign sales, and whether the Federal Rules of Bankruptcy Procedure or Civil Procedure govern a wrongful-death case.

Trademark infringements in foreign sales

Abitron Austria GmbH v. Hetronic International, Inc. addresses the international reach of the Lanham Act, which provides remedies for infringement of U.S. trademarks. After a dispute over … Read the rest

USPTO Implements Trademark Modernization Act

On December 18, 2021, regulations implementing the Trademark Modernization Act of 2020 went into effect.  According to the USPTO’s website, the changes provide individuals, businesses, and the USPTO with “new tools to clear away unused registered trademarks from the federal trademark register” and give the USPTO “the ability to move applications through the registration process more efficiently.”

Summaries of the new procedures and the changes to existing procedures are located on the USPTO’s website, and we previously blogged about them … Read the rest