IP Updates

Using Your Competitor’s Name or Trademarks as Google Ad Keywords is not Necessarily Illegal

In an interesting and even slightly unnerving opinion from the United States Court of Appeals for the Ninth Circuit, the appeals court ruled in a keyword advertising dispute that the keyword “conquesting” is not per se unlawful.  Keyword “conquesting” occurs when your competitor purchases your business’s name and/or trademark(s) [...]

Client Alert – U.S. Trademark Office Fee Increases Effective January 18, 2025

The United States Patent and Trademark Office (USPTO) is set to increase several trademark-related fees effective January 18, 2025. Specifically, filing fees will be standardized at $350 per class of goods or services. A notable change is introducing a $100 per class penalty if insufficient information is provided with [...]

Understanding the Federal Circuit’s Recent Ruling on Exceptional Case Findings in Patent Litigation

In a recent opinion from the United States Court of Appeals for the Federal Circuit, the Court underscored the stringent requirements for securing an "exceptional" case finding under the Patent Act (35 U.S.C. § 285). This finding is crucial as it serves as the predicate for awarding attorneys’ fees to [...]

Understanding the TTAB Decision on SMART LOCK: The Importance of Accurate Trademark Applications

In a recent decision by the Trademark Trial and Appeal Board (TTAB), two registrations for the mark "SMART LOCK" were removed from the trademark registry due to improperly identified goods in the registration certificates. This proceeding highlights the critical importance of accurately preparing and submitting trademark applications. Below, we [...]

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