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 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 […]

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 […]

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 […]

Laura Peter announced as deputy director of the United States Patent and Trademark Office

Secretary of Commerce Wilbur Ross today announced the appointment of Laura A. Peter as deputy under secretary of commerce for intellectual property and deputy director of the United States Patent and Trademark Office (USPTO), effective November 13, 2018. Peter most recently held the position of deputy general counsel of A10 Networks in Silicon Valley and […]

Why Profitable Trademark Licensees Should Care About Bankruptcy

The United States Supreme Court will decide, “the most significant unresolved legal issue in trademark licensing during the upcoming term.” A split between Circuit Courts currently exists over the issue of, “what happens to a trademark license when the brand owner goes bankrupt?” Or, as the issue has been presented to the Supreme Court for […]

Trademark Piracy – Amazon Brand Registry

Over the past several months a disturbing practice has been occurring at the USPTO.  Trademark pirates are fraudulently changing the email address of the correspondence section within a trademark registration.  Once changed, the trademark pirate contacts Amazon Brand Registry and requests the trademark be registered to the fraudulent email address/pirate.  Amazon will email a secret […]

How To Obtain A Software Patent

Up until recently, software patents accounted for about half of all patents issued by the United States Patent and Trademark Office (USPTO). The U.S. Supreme Court has since made it more difficult to receive a software patent. However, the tide is shifting back in favor of inventors and patent owners. In fact, since the initial […]

Older Posts »

Search Widerman Malek

Categories

  • Careers at WM (5)
  • Local Stories (46)
  • Resources (10)
  • Uncategorized (7)