Litigation Articles

Simon Tam, the lead singer of The Slants, chose his band’s name in order to “reclaim” the term and “drain its denigrating force as a derogatory term for Asian persons.” In 2011, he attempted to trademark the name, but the U.S. Patent and Trademark Office refused...

What are the Dupont Factors?                                                  The scope of a trademark – either its use or its application for registration – is determined by whether there is “likelihood of confusion” (note that this is different from whether there...

Navigating Patent Lawsuits Post-TC Heartland Decision: Understanding Jurisdiction and Venue Introduction: On May 22, 2017, the Supreme Court rendered a pivotal decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, reshaping the landscape of patent litigation....

Candy maker Mars Inc. is suing a Wisconsin woman over chocolates she is selling under a name that the company argues is "confusingly similar" to its cocoa extract supplements called CocoaVia. Mars said in a federal lawsuit filed March 24 that the chocolates sold in...