Tag Archives: Trademark Litigation
Change in Trademark Law!
The Court of Appeals for the Federal Circuit has ruled that the name of an Asian-American band — The Slants — is private speech and therefore protected by the First Amendment. The government, the court writes, has no business trying … Continue reading
Bayer Loses CTM Opposition
On 29 October 2015, OHIM’s Opposition Division of the Office dismissed Bayer’s opposition against registration of the mark SALOSPIR & Design (No. 012351458). Bayer opposed Uni-Pharma SA’s application for the mark SALOSPIR & Design for pharmaceutical preparations in Class 5 based on three … Continue reading
Purple Pill Update
Further to our post here, Judge Sue Robinson of the US District Court for the District of Delaware issued a temporary order banning Dr. Reddy’s from selling its generic version of AstraZeneca’s Nexium, after the pharmaceutical company objected to its … Continue reading
Court Cancels URBAN HOMESTEADING Trademark
In a longstanding dispute between advocates of urban farming and the Dervaes family of Pasadena, a federal district judge gave opponents of the Dervaes’ a partial victory when he ordered cancellation of the trademark for URBAN HOMESTEADING on the grounds … Continue reading
AstraZeneca Asserts Its Purple Rights
**Update here** Global pharma giant AstraZeneca has asserted its rights to its purple trademark. AstraZeneca filed a complaint at the US District Court for the District of Delaware on 28 October, claiming Indian drug maker Dr. Reddy’s Laboratories’s generic version of Nexium … Continue reading
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