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Standing in Trademark Opposition and Cancellation Proceedings

Patently-O

In a recent filing, Brooklyn Brewery (Brewery) indicated plans to take its trademark opposition/cancellation case to the US Supreme Court. The key constitutional question involves when a TM challenger has Article III standing to appeal an adverse TTAB decision. by Dennis Crouch. There is a lot going on in Brewery v.

Trademark 127
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TMSR Session 2: Administrative Agencies and Specialized Courts

43(B)log

But the flipside is that it’s seen in light of what the Office needs to worry about. What matters is what the TMEP says the court said, which isn’t always the same as what the court said; sometimes says “the court can’t have meant that.” that something needs to change, then it can change quite quickly.

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IPSC: Copyright & Trademark

43(B)log

Panel 2 – Copyright Enforcement: Faye Fangfei Wang, Resolving Copyright-related Cases Over the Internet with the Assistance of Artificial Intelligence in Europe Automated notice and takedown/Content ID with appeal mechanism as an example of how the new European rules are supposed to work. A: not ready yet. This may be one factor.

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USC IP year in review, TM/ROP

43(B)log

Begin with legislative action: Trademark Modernization Act, Which introduces three of the big themes of the year: (1) trademark use, (2) the harm of infringement, and (3) the role of the First Amendment in limiting the scope of trademark rights. My presentation, galloping across a bunch of developments. Slides here.

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