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While enjoining infringing activity is the objective of most trademark infringement lawsuits, an analysis of the potential damages available in a trademark infringement action and the methodology for proving damages should be conducted prior to filing a complaint. Basic questions that need to be answered before filing a lawsuit include:
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By Chris Bussert
As brands mature over time, their owners often seek to update marks that are subject to a federal registration or registration application. In some cases, the impetus for the amendment may be deliberately to freshen, tweak, or otherwise modernize the subject mark. In other cases, brand owners may recognize after the fact that their current usage of a mark does not match the mark as originally registered or applied for.
By Alex Simonson
In the recent U.S. Supreme Court case of USPTO v. Booking.com, the U.S. Supreme Court held that the term Booking.com is not necessarily generic merely because it is composed of two components, each itself generic. In so deciding, Justice Ginsburg averred that there is an appropriate metric to determine if such a term is indeed generic, that of consumer perception.
By James W. Soong
This article discusses the significant contrast between consideration of issues related to the U.S. Supreme Court’s decision in Alice Corp. v. CLS Int’l in prosecution and their resolution by the PTAB.
By Howard Shire and Shaleen Patel
Federal Circuit Modifies Facebook IPR Joinder Ruling
District Court: Stipulation of Noninfringement Does Not Preclude Post-Remand Finding of Infringement