Nicole Gerritsen McDonough

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Last week, the United States Patent and Trademark Office (“USPTO”) in Lee v. Simon Shiao Tam, asked the United States Supreme Court to reverse the decision of the United States Federal Circuit, which held that trademark law’s ban on “disparaging” trademark registrations violates the First Amendment.  On December 22, 2015, we discussed the underlying decision…

On July 15, 2015, we discussed the decision of the United States District Court for the Eastern District of Virginia in Pro-Football, Inc. v. Amanda Blackhorse, et al.  In Pro-Football, the District Court affirmed a decision by the United States Patent and Trademark Office directing the cancellation of six “REDSKINS” trademark registrations owned by the…

Last week, in Bikram’s Yoga College v. Evolation Yoga, the Ninth Circuit Court of Appeals held that the Bikram Yoga Sequence, familiar to many “Yogis” as a prime means of exercise and maintaining a healthy lifestyle, is not subject to copyright protection.

Bikrim Choudhury is a self-proclaimed “Yogi to the stars” who has reportedly…

On June 24, 2014, we discussed the decision of the United States Patent and Trademark Office that granted a petition for cancellation of six “REDSKINS” trademark registrations owned by the Washington Redskins NFL team. The owner of the marks, Pro-Football, Inc. or “PFI”, appealed the decision to the United States District Court for the Eastern…

On March 24, 2015, the United States Supreme Court held that prior decisions by the Trademark Trial and Appeal Board (“TTAB”) can prevent federal courts from later deciding whether there is a “likelihood of confusion” in trademark infringement lawsuits. In B&B Hardware, Inc. v. Hargis Industries, Inc., the Supreme Court reversed the decision of…