Erik K Pelton

FEBRUARY 15, 2022

The following is an edited transcript of my video What Happens When Appealing a Trademark Refusal to the TTAB. The Trademark Trial and Appeal Board, or TTAB, is a panel of judges that can decide cases on appeal. First of all, when can you appeal?

Trademark 204

Trademark Editing Branding Brands 204

Erik K Pelton

AUGUST 31, 2021

Every year there are probably hundreds if not thousands of trademark appeals filed. When can you appeal? And why the increase in such appeals. Erik explains the nuts and bolts of appeals to the Trademark Trial and Appeal Board and explains why the best appeals are planned before the appeal begins.

Trademark 113

Trademark 113

Patently-O

APRIL 14, 2022

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

Trademark Registration Marketing Marketing 127

43(B)log

FEBRUARY 23, 2024

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.

Registration 59

Registration Branding Brands Branding 59

43(B)log

AUGUST 4, 2021

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.

Copyright 90

Copyright Trademark Copying Fair Use 90

43(B)log

OCTOBER 4, 2021

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.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? In what ways is the ornamental nature of a defendant’s use relevant to defences based on artistic or expressive use (or some other defence)? For example, embedded within analysis of likely confusion factors? In the fair use calculus? In other defences?

Trademark Law 56

Trademark Law Law Trademark Fair Use 56