Using a Service Mark In Commerce
The Federal Circuit has now ruled that advertising a service that the applicant intends to provide in the future, but is not actually providing on the date of the application, is not "use in commerce." Thus, advertising submitted to the USPTO with a use-based application as a specimen of use of the mark in commerce, must relate to existing services already being provided to customers.
IP News
Federal Circuit to Decide On First Amendment Constitutionality of Barring Disparaging Trademark Registration<br>Federal Circuit: The PTO's Refusal to Terminate IPR Proceedings Is Not a 'Final Agency Action'
International Design Patent Filing Considerations After U.S. Entry into the Hague Agreement
Effective May 13, 2015, applicants can file international design patent applications in a single, standardized application via the USPTO designating any of more than 62 territories, including the U.S. and European Union (EU), and can receive the same effective filing date in each jurisdiction. This important opportunity comes as the U.S. accedes to the Geneva Act of the Hague Agreement.
IP News
Fed. Circ.: Brand Pharmaceutical Company Entitled to 50% Of Generic Drug Maker's Profits During Patent Term Only <br>Fed. Circ.: Petitions For Panel Rehearing on Enhanced Damages In ' 284 Of the Patent Act Are Denied<br>Fed. Circ.: Defendant Unable to Seek Stay of Patent Infringement Suit Prior to PTAB Instituting Petitions Seeking Covered Business Method Reviews under AIA
<i>B&B</i> Offers Rest And Repose
The U.S. Supreme Court, in <i>B&B Hardware, Inc. v. Hargis Industries</i>, concluded that a TTAB finding of likelihood of confusion can have preclusive effect in a later infringement litigation.
Battling Grey Goods? Advantages of ITC Now Writ in Black and White
Customers in the United States often pay more for valued branded goods than buyers of the same goods in less well-developed economies. Higher prices here in the U.S. in turn support profits and shareholder value for manufacturers of branded goods, and strengthen domestic industry.Yet this pricing disparity for the same products in different markets creates an incentive for the so-called grey market.
