In General Cigar Co. v. Empresa Cubana del Tabaco (Cubatabaco), the U.S. District Court for the Eastern District of Virginia upheld the TTAB’s cancellation of two U.S. trademark registrations for the mark “COHIBA” owned by U.S. company General Cigar. Cuban
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.
Latest from Incontestable Blog - Page 2
TTAB Blocks Registration of CUADRA Trademark Due to Lack of Intent to Use in U.S.
By Publisher
Summary:The TTAB sustained an opposition against an application to register the mark CUADRA for alcoholic beverages, finding that the applicant lacked a bona fide intent to use the mark in U.S. commerce at the time of filing its application.Read
TTAB Cancels Registration on Grounds of Abandonment as Respondent Fails to Prove Special Circumstances Excusing Nonuse
By Publisher
The TTAB cancelled a registration for the mark HALFANIMAL after finding that the registrant had failed to meet the burden of proof to show special circumstances excusing nonuse of the trademark and thus had failed to establish an intent to…
DC Circuit Holds That AI Systems Are Not “Authors” for Purposes of Copyright
By Publisher
As generative artificial intelligence (AI) capabilities advance, courts and the U.S. Copyright Office have grappled with the issue of who, or what—if anyone—owns the copyrights in works generated by AI systems. Fundamental questions have focused on whether copyright requires human…
‘Defendant’ Means Defendant – SCOTUS Reverses District Court’s $43M Award of Affiliates’ Profits for Trademark Infringement
By Publisher
In a unanimous decision, the Supreme Court held that a district court erred when it included profits of the defendant’s non-party affiliates in its calculation of “defendant’s profits” under the Lanham Act.Read more
Thomson Reuters Enter. Centre GmbH et al v. ROSS Intelligence Inc.
By Publisher
On February 11, 2025, the U.S. district court for the District of Delaware revised its own 2023 opinion and found on summary judgment that ROSS Intelligence’s (“Ross”) use of certain Westlaw “headnotes” to develop Ross’s AI-powered legal research tool constituted…
Second Circuit Denies Rehearing En Banc, Affirming No Reasonable Jury Could Find Sheeran’s “Thinking Out Loud” and Gaye’s “Let’s Get It On” Are Substantially Similar
By Publisher
The U.S. Court of Appeals for the Second Circuit vindicated pop star Ed Sheeran against copyright infringement claims directed to his 2014 hit “Thinking Out Loud.” A holding company called Structured Asset Sales, LLC (“SAS”) sued Sheeran in 2018, claiming…
USPTO Trademark Fees: Changes for 2025
By Publisher
Effective January 18, 2025, trademark applicants and registrants will face changes in USPTO trademark fees. The USPTO last increased existing fees and introduced some new fees in 2021. It published its final rule-making on trademark fees on November 18, 2024…
USPTO to Target Fake Trademark Specimens of Use With Expanded Audit Program
By Publisher
Hoping to crack down on the ever-increasing problem of overbroad trademark registrations and fake specimens of use, the United States Patent and Trademark Office (“USPTO”) has announced that it will expand its existing audit program, currently conducted on a random…
Librarian of Congress Adopts New Exemptions Under Section 1201 of the DMCA
By Publisher
Section 1201 of the Digital Millennium Copyright Act (“DMCA”) generally makes it unlawful to circumvent technological measures used to prevent unauthorized access to copyrighted works, including copyrighted books, movies, videos, video games, and computer software. Effective October 28, 2024, the…