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USPTO’s Cert Petition Argues Constitutionality of Lanham Act’s Living Individual Restriction

LexBlog IP

By: Michelle Emeterio and David Barker USPTO Director Kathi Vidal recently petitioned the Supreme Court to review a Federal Circuit decision in In re Elster. There, the Federal Circuit held the USPTO unconstitutionally applied Lanham Act Section 2(c) (15 U.S.C. §

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TTAB Mulls Whether Mavericks Star Luka Doncic Can Revoke Trademark Consent After Issuance of a Mark

LexBlog IP

By: Zach Schroeder and David Barker. Further, Poterbin argues that Luka99 has failed to produce any authority allowing Doncic to unilaterally withdraw his consent after issuance of the “Luka Doncic 7” mark. 15 U.S.C. § § 1052(c).

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Eighth Circuit Affirms Dismissal of “Love Happens” Trademark Infringement Suit for Lack of Personal Jurisdiction

LexBlog IP

Parker and David G. The panel explained that the Lanham Act does not authorize nationwide personal jurisdiction, so the existence of personal jurisdiction in the case depended upon Missouri’s long-arm statute and the federal Due Process Clause. By: Emily R.

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Monthly Wrap Up (May 12, 2023): Noteworthy Trade Secret and Restrictive Covenant Decisions, Posts and Articles

LexBlog IP

A challenge to an NDA on the grounds that was facially overbroad was rejected as premature by Judge Pamela Barker of the U.S. For more on this development, check out David Clark’s post for Epstein Becker’s Trade Secrets & Employee Mobility Blog. District Court for the Northern District of Ohio. In AB Pratt & Co.