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Click or hover over The menu items above for the links. If there is a link outside the firewall, I used that. But some links are not public and are available only inside the firewall.

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The latest iteration of the TMEP. This is the version outside the firewall. But it’s supposed to be identical to the one inside.

Class Guides. Recently updated by ID Class in light of the 2017 Nice changes. These contain ancient lore regarding each class of goods and services from some of the famous examining attorneys of days gone by such as Terry Rupp, Kim Kreheley, and …well, me. Available only inside the firewall.

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-Ron Sussman

The IP Law Blog

Dogs, Whiskey, and Intellectual Property: Need I Say More? October 19, 2020

Jack Daniel’s Properties, Inc. has petitioned the Supreme Court of the United States for certiorari following an unfavorable ruling from the Ninth Circuit in the matter of VIP Products LLC v. Jack Daniel’s Properties, Inc. In that case, VIP Products sued Jack Daniel’s after receiving a cease-and-desist letter concerning its Bad Spaniels Silly Squeaker dog... […]

The Second Circuit Vacates Tiffany & Co.’s $21 Million Judgment for Trademark Infringement and Counterfeiting Against Costco August 27, 2020

Almost five years ago, I wrote an article published in the Daily Recorder about a ruling in the Tiffany & Co. v. Costco Wholesale Corporation case filed in the United States District Court for the Southern District of New York. Specifically, I wrote about the Court granting Tiffany’s motion for summary judgment on liability, permitting... […]

Sushi Restaurants Battle for Control Over Hand Roll Trademark August 7, 2020

Sushi Nozawa, LLC, owner of the popular sushi destination Sugarfish, is challenging the HRB Experience LLC over use of the term “Hand Roll Bar.” IP Attorneys Scott Hervey and Josh Escovedo discuss the lawsuit, including descriptive versus generic terms, secondary meaning, and the potential strategies of the parties.

You Must Prove Actual Damages if You Want Punitive Damages in an Infringement Action August 6, 2020

Imagine litigating an infringement case for two years, and after a nine day jury trial, obtaining a jury’s verdict that says you’ve established infringement and awards your client $5,000,000. Then you realize that the jury has awarded your client $0 in actual damages, and the entire $5,000,000 sum is for punitive damages. The Ninth Circuit... […]

After Nearly 30 Years of Controversy, the Washington Redskins Will Retire the Redskins Team Name and Trademark July 17, 2020

Watch: Author Josh Escovedo and trademark law professor Alexandra Roberts delve into the issues around the Redskins name change. On Monday, July 13, 2020, the ownership group of the Washington Redskins (the “Team”) announced that it will abandon the Redskins team name after nearly 30 years of controversy. The decision, despite what the Team says,... […]

PTO Fast Tracks COVID-19 Patent and Trademark Applications June 18, 2020

The United States Patent and Trademark Office has established a new program for prioritized examination for patent applications for inventions related to COVID-19 and for trademark applications for marks used for certain medical products and services used in connection with COVID-19. On May 7, 2020, the Director of the PTO announced the program for patent... […]

Navigating the Hazy Intersection of Federal and State Law on Cannabis and Advising Clients on Protecting Their Trademarks June 11, 2020

What was once illegal is now a thriving industry. That’s right—I’m talking about cannabis. But my initial statement isn’t entirely accurate. Although Alaska, California, Colorado, Illinois, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, and Washington have legalized cannabis, the drug remains a Schedule I narcotic under the federal Controlled Substances Act. While buying, selling, and using... […]

The Ninth Circuit Affirms Ruling that COMIC-CON isn’t Generic for Comic Conventions May 15, 2020

The battle started almost six years ago. A Utah-based company known as Dan Farr Productions (“DFP”) decided to use San Diego Comic Convention’s (“SDCC”) registered trademark COMIC-CON in conjunction with its own comic and popular arts convention, resulting in SDCC filing suit in the Southern District of California. SDCC alleged in its complaint that it... […]

SCOTUS Considers Whether Adding a Top-Level Domain Makes a Generic Term a Protectable Trademark May 6, 2020

On Monday, May 4, 2020, the Supreme Court of the United States heard oral argument in United States Patent and Trademark Office v. Booking.com, B.V. For the first time in the history of the Court, the argument was live streamed via multiple outlets, including CNN, enabling us trademark junkies to listen to the argument in... […]

Trademark Infringers Beware – Willfulness Not Required for Disgorgement May 1, 2020

For some time there has been a split among the Federal circuits as to whether evidence of willfulness is required in order to award disgorgement of profits for trademark infringement under Section 1125(a) of the Lanham Act. The split stems from how each Federal circuit interprets Section 1117(a) of the Lanham Act which was amended... […]

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