The one and only TTABlogger, to whom we are very much indebted, recently reviewed and analyzed the decisions concerning Section 2(d) and Section 2(e)(1) refusals that the Trademark Trial and Appeal Board issued in 2023. Based on these numbers, the Board seems to be increasingly receptive to challenges of likelihood of confusion refusals under
As attorneys, we’ve all taken Legal Research and Writing. This is where we first encountered Westlaw and Lexis, using these sites to delve into case law for various assignments while chasing Westlaw and Lexis points in the hopes of getting a free TV or iPod (back when that was a thing). Professors always emphasized the critical process of tracing the history of a case and determining if the case is still considered “good law.”
With the rise of generative AI over the past year, it’s unsurprising that lawyers are turning to this advanced technology for legal research. However, there’s a growing concern: the blind acceptance of AI-generated content. This issue was highlighted in U.S. Supreme Court Chief Justice John Robert’s 2023 year-end report on the federal judiciary. A notable incident involved the Second Circuit reprimanding a New York attorney for submitting a brief with reference to a non-existent case, hallucinated by ChatGPT, without proper verification.Continue Reading USPTO Sets to Clarify Attorney Guidelines in the Age of Generative AI
We presented a webinar last week entitled How to Win Your Next Trademark Battle: Lessons Learned in 2023 to give brand owners and their lawyers an overview of key takeaways from last year’s trademark cases.
If you missed our live presentation, you can view a recording here. For a quick recap of the most…
This article was originally published to Seyfarth’s The Blunt Truth blog.
Republic Technologies (NA) LLC (“Republic”) filed an application to register the proposed mark 4:20 with the United States Patent and Trademark Office (“USPTO”). Republic amended its goods twice during prosecution of the application and ultimately sought to register “tobacco; cigarette papers; cigarette filters; cigarette tubes; cigarette rolling machines; handheld machines for injecting tobacco into cigarette tubes; machines allowing smokers to make cigarettes by themselves; none of the foregoing containing or for use with cannabis” (emphasis added). The USPTO alleged that consumers would understand 4:20 to mean cannabis, the mark misdescribes non-cannabis related goods, and consumers would believe the misrepresentation. Therefore, the USPTO refused registration alleging that the mark was deceptively misdescriptive of the goods in the application. Republic appealed the decision to the Trademark Trial and Appeal Board (the “Board”). But the Board saw through the smoke of Republic’s arguments and affirmed the refusal.
Republic is a leading provider of smoking accessories. Republic initially filed its application for the mark 4:20 for use in association with the goods “tobacco; cigarette papers; cigarette filters; cigarette tubes; cigarette rolling machines; handheld machines for injecting tobacco into cigarette tubes; machines allowing smokers to make cigarettes by themselves.” Perhaps familiar with the many uses of Republic’s goods, the USPTO refused the application on mere descriptiveness grounds. It alleged that consumers understand 4:20 to mean cannabis and the goods describe a product containing or to be used with cannabis. The USPTO also asked Republic to provide additional information about its goods. In particular, whether the goods contain or would be used in connection with cannabis or marijuana. Continue Reading 4:20 Unfriendly – TTAB Says 4:20 is Deceptively Misdescriptive of Goods Not Used with Cannabis
Thursday, January 25, 2024
1:00 p.m. to 2:00 p.m. Eastern
12:00 p.m. to 1:00 p.m. Central
11:00 a.m. to 12:00 p.m. Mountain
10:00 a.m. to 11:00 a.m. Pacific
About the Program
Join Seyfarth partners Ken Wilton and Lauren Leipold for an examination of pivotal 2023 developments in trademark litigation, from U.S. Supreme Court decisions to new guidance from federal appellate courts, district courts, and the USPTO. This webinar will provide actionable takeaways for your legal practice in 2024, from doctrinal shifts in the application of trademark law to technicalities in TTAB procedure. Learn how these developments will impact the ongoing protection, maintenance, and enforcement of trademarks in the United States and beyond.
Kenneth Wilton, Partner, Seyfarth Shaw LLP
Lauren Leipold, Partner, Seyfarth Shaw LLPContinue Reading Upcoming Webinar! How to Win Your Next Trademark Battle: Lessons Learned in 2023
Originally posted on The Blunt Truth blog
A Texas appellate court recently upheld a decision to prevent a ban on the sale of delta-8 tetrahydrocannabinol (THC) products in the state. Tex. Dep’t of State Health Servs. v. Sky Mktg. Corp., No. 03-21-00571-CV, 2023 BL 341460, 2023 TX App Lexis 7448. The decision allows cannabis…
‘Twas a day in December, when all through the blog, we were writing ‘bout trademarks, as if in a fog. When, what to our wondering eyes should appear, but holiday trademarks, so lovely and dear. The PTO said, as it reviewed the files, we’ve got holiday trademarks, we’ve got ‘em in piles!
Have Yourself a…
Lauren Leipold and Ken Wilton co-authored “Last 12 Months See New Court Precedents and Fresh Ways to Challenge Existing Registrations,” the exclusive United States chapter for WTR’s Trademark Litigation Review 2024. Lauren and Ken discussed an overview of key developments in trademark litigation in the United States over the past year. WTR describes the Review…
The Federal Circuit recently released an eye-catching opinion in Great Concepts, LLC v. Chutter, Inc., — F. 4th –, Case No. 2022-1212, 2023 WL 6854647 (Fed. Cir. Oct. 18, 2023). The panel of three judges held, in a two-to-one decision, that the U.S. Patent and Trademark Office’s Trademark Trial and Appeal…
As our colleagues reported in this Seyfarth Shaw Legal Update, President Biden signed a comprehensive Executive Order addressing AI regulation across a wide range of industries and issues. Intellectual property is a key focus. The Order calls on the U.S. Copyright Office and U.S. Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI.Continue Reading White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues