Netflix successfully defeated copyright infringement claims related to its 2020 pandemic-hit Tiger King: Murder, Mayhem and Madness. On April 30, 2026, the Tenth Circuit held that use of a 66-second video clip in the docuseries was fair use, applying the Supreme
Incontestable Blog
The Incontestable Blog, published by Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, focuses on intellectual property law, particularly trademark law and related litigation. It covers topics such as Trademark Trial and Appeal Board (TTAB) decisions, Federal Circuit rulings on trademark oppositions and cancellations, issues of consumer confusion, specimen requirements for trademark registration, and fair use in copyright law as it relates to emerging technologies like artificial intelligence and large language models. The blog provides updates on case law developments and legal interpretations affecting trademark prosecution and enforcement.
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Supreme Court Recalibrates Contributory Copyright Liability
By Publisher
On March 25, 2026, the U.S. Supreme Court issued a closely watched decision with significant implications for Internet service providers, technology platforms, and copyright enforcement more broadly. In a ruling that pushes back against expansive theories of secondary liability, the…
TTAB Affirms Refusal of MARIO’S for Clothing Due to Likelihood of Confusion with MARIO’S 3.10 for Retail Apparel Stores
By Publisher
The “crowded field” argument is a common strategy used to overcome likelihood of confusion refusals: if an applicant points to enough similar third-party marks, the Board may conclude that each mark is entitled to a narrow scope of protection such…
Federal Circuit Reverses TTAB’s Determination that Trademarks Are Dissimilar Due to Lack of Evidence
By Publisher
The Federal Circuit reversed the Trademark Trial and Appeal Board’s (“TTAB”) dismissal of an opposition because the TTAB’s conclusion that the marks were dissimilar was not based on substantial evidence and because lack of actual consumer confusion was insufficient to…
TTAB Partially Cancels GUIDEON Trademark: Confusion Found for Employment Services, Not for Educational Offerings
By Publisher
The Trademark Trial and Appeal Board (“TTAB”) found confusion was likely when the identical GUIDEON mark was used to identify both the petitioner’s downloadable software app providing a services directory and navigation for military personnel and the respondent’s online employment…
TTAB Reverses Refusal of C SHARPE Mark: Slash in Mark Does Not Prevent Specimen from Being a “Substantially Exact Representation” of Drawing
By Publisher
The Trademark Trial and Appeal Board reversed the Examining Attorney’s refusal to register the mark C SHARPE, finding that the original specimen displaying “C/SHARPE” was a substantially exact representation of the mark, as the slash did not materially alter its…
Federal Circuit Confirms that Doll Collector (and Law Professor) Lacks Standing to Challenge Registration of RAPUNZEL for Dolls
By Publisher
In Curtin v. United Trademark Holdings, Inc., No. 2023-2050 (Fed. Cir. May 21, 2025), the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB) dismissal of Rebecca Curtin’s opposition to United Trademark Holdings, Inc.’s (UTH) registration of the mark…
Two Consequential Rulings Find Fair Use Where Copyrighted Works Were Used to Train LLMs
By Publisher
The week of June 23, 2025 saw a flurry of high-impact decisions concerning copyright and artificial intelligence (AI). Two judges in the U.S. District Court for the Northern District of California issued substantive decisions regarding fair use and generative AI…
Ivy Group Blocks Trademark Registration of IV LEAGUE NURSE CONCIERGE, INC. for IV Therapy Services, Claiming Dilution of the Famous IVY LEAGUE Marks
By Publisher
The Trademark Trial and Appeal Board (TTAB) sustained an opposition by the Ivy Group against the registration of IV LEAGUE NURSE CONCIERGE, INC. on the ground of dilution by blurring, finding that the mark was likely to impair the distinctiveness…
Federal Circuit Upholds TTAB Decision to Refuse “US SPACE FORCE” Registration Based on False Suggestion of Government Affiliation
By Publisher
The Federal Circuit affirmed a Trademark Trial and Appeal Board (“TTAB”) decision refusing to register the mark US SPACE FORCE under § 2(a) of the Lanham Act based on false suggestion of a connection with the United States government.Read