Author Archives: Darren Geliebter
The Trademark Modernization Act of 202 (TMA)
The TMA became law on December 27, 2020 and will be implemented by December 27, 2021. https://www.uspto.gov/trademarks/laws/2020-modernization-act
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Quicktrip West, Inc. v. Weigel Stores, Inc.
The Federal Circuit affirmed the TTAB’s dismissal of an opposition proceeding brought by the gas station chain QuikTrip against one of its rival’s registrations that covered its food operations. http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/20-1304.OPINION.1-7-2021_1713761.pdf
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L&G Partner Mathew Lombard’s Trade Secrets Presentation at PTMG
L&G partner, Mathew Lombard, spoke last month at the Pharmaceutical Trade Marks Group (“PTMG”) last month on the topic of protection of trade and business secrets. Although I was not able to attend the meeting this year, by all accounts, … Continue reading
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Defendant’s belief re: patent validity not a defense to inducement
In Commil Usa, LLC v. Cisco Systems, Inc. (Supreme Court 2015), the Supreme Court held that, because induced infringement and validity are separate issues and have separate defenses under the Act, belief regarding validity cannot negate Section 271(b)’s scienter requirement … Continue reading
Posted in Patents
Tagged Invalidity, Patent Infringement, Patent Litigation, Patents, Supreme Court
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B&B Hardware: TTAB decisions to have preclusive effect in trademark litigation (sometimes)
In B&B Hardware Inc. v. Hargis Industries, Inc. (Supreme Court 2015), the Supreme Court held that Trademark Trial and Appeal Board (TTAB) decisions regarding likelihood of confusion have preclusive effect in subsequent district court infringement actions “[s]o long as the … Continue reading
The Concurrent Use of Trademarks in Different Geographic Locations
Generally, trademark owners have exclusive rights to use their mark to label or identify their goods and/or services. However, trademarks may overlap under either of the following circumstances: 1. In different industries; or 2. In different geographical locations. The most … Continue reading
Madrid Protocol Tip: Calculating Office Action Deadlines
Don’t get tripped up when calculating the deadline within which to respond to an Office action issued in connection a Section 66(a) application at the U.S. Patent & Trademark Office. A response to an Office action issued by the USPTO … Continue reading
International Patent Filing & Protection Strategies: Initial Considerations
Public Disclosure- The Novelty Requirement Most countries are “first to file” countries- in other words, you have to file a patent application to establish rights. The U.S. has historically been a “first to invent” system;; but as of March 16, … Continue reading
Posted in International Patents/PCT, Patents
Tagged international, patent applications, Patents, PCT
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Darren Geliebter
Mathew Lombard
THE PRINCIPAL REGISTER 