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
USPTO
SCOTUS Rules Federal Courts Can Be Bound By Trademark Trial And Appeal Board Decision on Likelihood of Confusion
Posted in Litigation, Trademarks
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…
USPTO Throws a Flag at the Washington Football Franchise
Posted in Trademarks
On June 18, 2014, the United States Patent and Trademark Office granted a petition for cancellation of six “REDSKINS” trademark registrations owned by the Washington Redskins NFL team. The registrations were issued between 1967 and 1990. In a 2-to-1 divided decision, the Trademark Trial and Appeal Board concluded that the trademarks were disparaging to a…