Widerman Malek Law Blog

KARDASHIAN TRADEMARK DISPUTE HEADED TO THE US SUPREME COURT?

The Kardashians are involved in a trademark dispute that may be decided by the US Supreme Court.  Kroma Makeup EU, LLC (“Kroma EU”) sued the Kardashians in 2014 over the Kardashians beauty products line, “Khroma Beauty”.  Kroma EU was granted a license in October 2012 to import, sell and distribute “Kroma” branded beauty products in […]

USPTO Proposes New Fee Adjustments

The United States Patent and Trademark Office (USPTO) has released a Notice of proposed rulemaking (NPRM) that would increase many USPTO Fees. The stated purpose of the fee increases is to recover the costs incurred by the USPTO in carrying out its mandate. The USPTO performed a Regulatory Impact Analysis that “did not identify any […]

USPTO issues new rule requiring foreign-domiciled trademark applicants and registrants to have a U.S.-licensed attorney

The new rule applies to any foreign-domiciled trademark applicants, registrants and parties whose permanent legal residence or principal place of business is outside of the United States. These parties will be required to have a U.S.-licensed attorney represent them before the USPTO in trademark matters.  The new rule will be effective August 3, 2019. “Businesses […]

High Court Strikes Down Offensive Trademarks Ban

The U.S. Supreme Court ruled Monday, June 24, 2019 that a federal ban on the registration of “scandalous” trademarks such as “Fuct” violates the First Amendment.  This comes less than two years after striking down a similar rule against marks deemed “offensive”. In a 6-3 vote, justices said the provision was an unconstitutional form of […]

Japan IP High Court Says, Steak Providing System is Patent Eligible

Our firm prides itself on being a resource for our clients and referral sources for all legal matters including intellectual property.  Our relationships create a network of lawyers and firms across the world keeping us at the forefront of new procedures and changes in patent and trademark law. Our fellow Japanese intellectual property attorney, Aki […]

Supreme Court Decides “The Most Significant Unresolved Legal Issue in Trademark Licensing”

I previously wrote about the issue of what happens to a trademark license when the brand owner goes bankrupt. The Supreme Court’s decision seems to be good news for trademark licensees and bad news for trademark licensors. On May 20, 2019, an 8-1 Supreme Court ruled that a bankrupt company’s decision to “reject” an existing […]

Supreme Court to Tackle Issue of Who Pays Trademark Litigation Fees

The US Supreme Court agreed to decide whether the US Patent and Trademark Office’s policy of requiring its attorneys’ fees be paid regardless of the outcome of the case is legal. The district court circuit split arises from language in both the Patent Act and the Lanham Act that requires applicants, who file de novo […]

Official Examination Fees will Increase in Japan

We are proud to be a resource for our clients and referral sources especially when it relates to intellectual property matters.  We have a network of lawyers and firms across the world to help keep us apprised of new procedures and changes in the patent and trademark law. We recently received an update related to […]

United States Trademark Office Launches Pilot Program For Trademark Cancellation Proceedings

The USPTO announced that it was launching a pilot program to streamline cancellation proceedings for registered trademarks that may have been abandoned or that the trademark owner is not currently using.  The Trademark Office indicated that such trademark registrations often act as a hindrance to trademark owners that are actually using their trademarks but cannot […]

New Guidelines for Software Patents

Effective January 7, 2019 U.S. patent examiners will have a new set of guidelines at their disposal to evaluate software patent applications.  The guidelines have codified recent case law to provide more consistency in Patent Office actions dealing with software. The new guidelines emphasize that when evaluating a software patent application an examiner must apply […]

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