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Client Alert: What You Should Know About the USPTO’s Foreign Applicant U.S. Counsel Requirement

By All, Client Alerts, Featured, Intellectual Property, Advertising, Art and Fashion Law

Valerie Oyakhilome, Paralegal

August 30, 2019

On August 3rd, 2019, the United States Patent and Trademark Office (USPTO) took unprecedented action by implementing a new rule that directly impacts the meaning of compliance in the application process for both current and prospective trademark owners. Read More

Trademark Bulletin August 2019

By All, Featured, Intellectual Property, Advertising, Art and Fashion Law, Trademark Bulletins

Federal Court Affirms Luxury Eyewear Manufacturer’s $1.9M Win Over Flea Market

On August 7, the U.S. Court of Appeals for the Eleventh Circuit upheld the ruling of a Georgia jury awarding $1.9 million to Luxottica finding the landlord of an indoor flea market in Georgia liable for contributory trademark infringement when the landlord had “constructive” knowledge of the subtenants’ sale of counterfeit eyewear, including knockoffs of Ray-Ban and Oakley brands. Read More

Trademark Bulletin July 2019

By All, Featured, Intellectual Property, Advertising, Art and Fashion Law, Publications, Trademark Bulletins

U.S. Supreme Court Finds USPTO’s Bar on Offensive Trademarks Unconstitutional

On June 24, the U.S. Supreme Court ruled by a 6-3 vote that a federal law banning the registration of “immoral or scandalous” trademarks violates the First Amendment. In Iancu v. Brunetti, the court found in favor of Eric Brunetti, a Los Angeles streetwear designer who attempted to register the name of his 30-year-old brand, FUCT. Read More

Trademark Bulletin May 2019

By All, Featured, Intellectual Property, Advertising, Art and Fashion Law, Publications, Trademark Bulletins

Fashion Law Scotus Case: Trademarks and Continuing Infringements

Dunnington trademark team members Olivera Medenica, Raymond J. Dowd and Sixtine Bousquet-Lambert recently authored a Supreme Court brief on a trademark issue pertinent to the fashion industry. On June 20, the U.S. Supreme Court will decide whether to grant a petition for certiorari filed by Lucky Brand Dungarees in Lucky Brand Dungarees, Inc., et al., v. Marcel Fashions Group, Inc. Dunnington represents respondent Marcel Fashions Group, Inc. who is opposing the petition. At issue in the case is whether, in an action to enforce a trademark infringement judgment, a defendant who continues with the exact same infringements can collaterally attack a prior judgment with a defense that it raised in that prior action but deliberately chose not to prosecute.

You can read more about the case here. Read More

New Alliance with South American Firm

By All, Featured, Firm News, Latin America Desk

Dunnington, Bartholow & Miller has signed a collaboration agreement with Alumbra Asesores, continuing its expansion into the Latin America Market!

Alumbra Asesores is a Colombian firm with offices in Barranquilla and Bogotá, as well as a strategic alliance in San Sebastian, Spain. They are highly recognized for their advice and litigation, as well as for their success in setting up business projects. Read More

Trademark Bulletin April 2019

By All, Featured, Intellectual Property, Advertising, Art and Fashion Law, Publications, Trademark Bulletins

FUCT Fashion Label Takes its ‘Scandalous’ Trademark Case to Supreme Court

On Monday, April 15, 2019, the Supreme Court considered the question of whether the Lanham Act’s prohibition on the federal registration of “immoral” or “scandalous” trademarks is unconstitutional under the Free Speech Clause of the First Amendment. Read More