The Votes Are In: Highly Descriptive Marks Are Difficult to Protect
HERITAGE ALLIANCE V. AMERICAN POLICY ROUNDTABLE Before Prost, Taranto, and Stark. Appeal from the Trademark Trial and Appeal Board. Summary: Continuous-use evidence is not necessarily prima facie evidence of acquired...
Hard to Stomach: Things You Say to Prosecute a Patent Can and Will Be Used Against You
AZURITY PHARMACEUTICALS, INC. v. ALKEM LABORATORIES LTD. Before Murphy, Moore, and Chen. Appeal from the United States District Court for the District of Delaware. Summary: Arguments and amendments made during...
Fireball Frenzy: When First Registering a Mark, Genericness of a Mark Is Determined at the Time of Registration
BULLSHINE DISTILLERY LLC v. SAZERAC BRANDS, LLC Before Moore, Reyna and Taranto. Appeal from the Trademark Trial and Appeal Board. Summary: In assessing genericness, the TTAB considers how the mark...
No Error: The Board Committed No Procedural Error by Relying on Evidence Outside of the Prior Art Reference
SAGE PRODUCTS, LLC v. STEWART [OPINION] Before Reyna, Cunningham, and Stark. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary: The Board did not...
TTAB Grants Employer’s Opposition Against Former Employee
In a precedential decision, the Trademark Trial and Appeal Board (Board) sustained the opposition by DowntownDC Business Improvement District (opposer) to the application by Roquois Y. Clarke (applicant) for the...
TTAB Finds App Icon Descriptive of Mobile Games
In a precedential decision, in the case of Hangzhou Mengku Technology Co., Ltd and Fuzhou Mengku Technology Co., Ltd v. Shanghai Zhenglang Technology Co., Ltd, Opposition No. 91272143 (Dec. 30,...
An Alternative for Treating Mitral Regurgitation Receives Support for Ongoing Trial
Mitral regurgitation is the most common form of valvular heart disease and affects around 10% of Americans over 75. It occurs when the mitral valve, which is located between the left...
U.S. Supreme Court Defers to Agency Decision-Making in FDA’s Denial of Premarket Approval of Flavored E-Cigarette Products
We previously reported a decision by the U.S. Food and Drug Administration (FDA), denying the premarketing authorization of several flavored e-cigarette product.[1] On April 2, 2025, the Supreme Court of...
Knobbe Martens Lawyers Examine the Intersection of Trademark Law and Influencer Marketing in New York Law Journal Article
In the article “Influencer Marketing and Trademark Enforcement: Navigating a New Frontier,” published in New York Law Journal, lawyers Lynda Zadra-Symes, Marko Zoretic, and Ari Fattahyani outline helpful strategies for...
