Halloween is a time for us to don a different persona to express our creative side or simply for a bit of fun. People of all ages pick costumes to transform into characters, creatures, or inanimate objects. Whether it’s dressing up as a superhero, a classic movie character, or a spooky monster, costumes play a
The Federal Circuit partially refuted the long held assumption that the trademark applicant has the burden of proving third party marks were in use when determining the strength of the applicant mark. The panel led by Judge Dyk found that when determining the conceptual strength of trademarks, “absent proof of non-use [of registered marks], use