TTAB Mulls Whether Mavericks Star Luka Doncic Can Revoke Trademark Consent After Issuance of a Mark

By: Zach Schroeder and David Barker To obtain a trademark containing or consisting of a living individual’s name, portrait, or signature, that individual must give written consent.  15 U.S.C. § 1052(c).  The United States Patent and Trademark Office (“USPTO”) is currently faced with a novel question of whether individuals can revoke their consent after issuance of a mark.  Luka Doncic is the star guard of the NBA’s Dallas Mavericks.  He is also the president and owner of Luka99, Inc., a Delaware corporation that develops and promotes Doncic’s name, identity, and brands. The USPTO has recently rejected Luka99’s trademark applications for   Read More »

Posted in IP and Technology Litigation, Trademark Litigation | Tagged , ,

Share this Article:

Supreme Court: TTAB Proceedings Can Have Preclusive Effect in Federal Court

Today, the Supreme Court held in B&B Hardware v. Hargis Industries that likelihood-of-confusion decisions by the United States Patent and Trademark Office’s Trademark Trial and Appeal Board (“TTAB”) can have preclusive effect in federal court. Hargis applied to register the mark SEALTITE and B&B opposed, based on its registration for SEALTIGHT.  The TTAB sustained B&B’s opposition, even though the marks would be used for different goods in different markets.  In a contemporaneous federal suit, the district court gave no deference to the TTAB decision and held that SEALTITE was not likely to cause confusion with SEALTIGHT.  Affirming, the Eighth Circuit   Read More »

Posted in Trademark Litigation | Tagged ,

Share this Article: