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 , ,

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Irreparable Harm, I Presume? The Trademark Modernization Act and Other Changes in Trademark Law

By Deborah A. Gubernick and Michelle Emeterio Please click here to see the article.

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

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Supreme Court Holds “Expenses” Exclude PTO Employee Salaries in Civil Action Challenges Under the Patent Act

By Daniel M. Staren and David G. Barker The Supreme Court unanimously held that the United States Patent and Trademark Office (PTO) may not recover the salaries of its legal personnel as “expenses” in a civil action challenging an adverse decision by the PTO under the Patent Act. The Court’s decision in Peter v. NantKwest affirmed a Federal Circuit en banc decision that premised its holding on the American Rule, which provides that each litigant is responsible for its own attorneys’ fees unless a statute or contract provides otherwise. NantKwest owned a patent application directed to a method for treating   Read More »

Posted in Patent Litigation | Tagged , , ,

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