Today, in Vidal v. Elster, the Supreme Court rejected a challenge to the constitutionality of Section 2(c) of the Trademark Act (15 U.S.C. § 1052(c)), which prohibits registration of a mark that “[c]o...
On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act – the INFORM Act – went into effect. Congress passed the INFORM Act in an effort to deter th...
Abitron Australia GmbH, et. al., v. Hetronic International, Inc. Limiting the international reach of US trademark law, the Supreme Court held that the Lanham Act is not extraterritorial and extends on...
In an eagerly anticipated decision1 in the “Bad Spaniels” dog toy case, the United States Supreme Court has vacated a decision of the US Court of Appeals for the Ninth Circuit that had deemed the toy,...
On May 18, 2023, the United States Supreme Court ruled that Andy Warhol’s pop rendition of a photograph of the artist Prince was not immunized from a claim of copyright infringement by the fair use de...
Registrations for marks unused for any three-year period are more easily cancelled. Evidence of efforts to commence or restart use is no longer relevant in nonuse challenges. Nonuse provisions require...