On February 26, 2025, the Supreme Court delivered a unanimous decision in the case of Dewberry Group, Inc. v. Dewberry Engineers Inc. In vacating the award of nearly $43 million to plaintiff Dewberry Group, the Supreme Court held that “defendant” under 15 U.S.C. §1117(a) is limited to named defendants in the lawsuit. Thus, the profits […]
Are you launching a business or a new brand? Having a trademark search performed first, prior to launching the new brand or business, is critical and can save you a lot of time, money and inconvenience down the road. It is often the case that a business receives a cease and desist letter from a […]
Fabian M. Nehrbass, Patent Attorney, and Seth M. Nehrbass, Patent Attorney,will each conduct a one-hour continuing legal education presentation at the 2024 New Orleans Bar Association’s Procrastinators’ Programs℠ Pan Am Building, 11th Floor Conference Center,601 Poydras Street, New Orleans. Here is the link to sign up for Fabian’s 17 December 2024 NOBA CLE Presentation: https://www.neworleansbar.org/?pg=events&evAction=showDetail&eid=292471 2:30 p.m. […]
The USPTO allows one to revive an abandoned trademark application for failure to respond to an office action, under two circumstances:You did not receive the Office action; orYour failure to respond timely was unintentionalThe deadline to file the Petition is 2 months from the issue date of the notice of abandonment of the trademark application […]
In a recent decision of the Trademark Trial and Appeal Board, Look Cycle International v. Kunshan Qiyue Outdoor Sports Goods Co., Ltd. (Cancellation No. 92079409), August 9, 2024, the trademark registration BLOOKE (Registration No. 6683483) was cancelled by the TTAB due in part to fraud committed on the USPTO.”Fraud in procuring or maintaining a trademark […]
Julia M. FitzPatrick, Patent Attorney, andFabian M. Nehrbass, Patent Attorney,will conduct a 50-minute continuing legal education presentation regarding Copyright/Trademark/Patent Law with a focus on bars and distilleries,at the Tales of the Cocktail Foundation’s first-ever Continuing Legal Education (CLE) Course taking place on Saturday, July 20, 2024, from 9:30 a.m. to 5:30 p.m. at The Ritz-Carlton, New […]
Julie Rabalais Chauvin, Patent Attorney, andSeth M. Nehrbass, Patent Attorney,will conduct a one-hour continuing legal education presentation entitled:“Common IP Hurdles Encountered by Business Ownersat the 2023 New Orleans Bar Association’s Procrastinators’ Programs℠.Thursday, December 28, 2023 / 4:50 p.m. – 5:50 p.m.Pan Am Building, 11th Floor Conference Center,601 Poydras Street, New Orleans. The presentation will include […]
In general, a trademark can be 1) a standard character mark or 2) a stylized mark. A standard character mark typically consists of one or more words. A stylized mark can include words, but also includes a specific font, layout, color scheme, and/or logo. A stylized mark can also just consist of a logo without […]
Under U.S. Copyright laws, group registrations are allowed for certain types of creative works, including a registration for an automated database compilation as a whole, and a group registration for a group of updates or revisions to an automated database over a three-month period in a single calendar year (see, e.g., Compendium of U.S. Copyright […]
This is a reminder that many private companies, with no affiliation to the United States Patent and Trademark Office (USPTO), attempt to get trademark owners to pay for “publication” of their trademarks on private databases of for the preparing of trademark responses. The USPTO goes in depth discussing this issue: USPTO Cautions About Misleading Notices. […]