Tag:Federal Circuit

Court Opinion: US Supreme Court Finds VA Service-Related Disability Claims Determinations Can be Reviewed Only for Clear Error

The U.S. Supreme Court held that the VA’s determination that the evidence regarding a service-related disability claim is in “approximate balance” is a predominantly factual determination reviewed only for clear error.

Supreme Court Says “Willfulness” Not Required to Recover Trademark Infringers’ Profits — What’s Next?

In Romag Fasteners, Inc. v. Fossil, Inc., the U.S. Supreme Court recently ruled unanimously that willful intent is not an absolute prerequisite to awarding...

‘Generic’ Trademark Case Kicks Off SCOTUS Livestreamed Oral Arguments

The U.S. Supreme Court kicked off a round of remote oral arguments Monday with a trademark case questioning the ability to register trademarks for...

Colorado Attorneys Win Landmark Case on ‘Color Marks’

A small Colorado intellectual property law firm won a major victory in a trademark case on April 8, and the precedent-setting decision from the...

Do Two Generics Make a Trademark?

Can two common terms add up to something more distinctive than the sum of their parts? On Monday, the U.S. Supreme Court heard oral arguments...

U.S. Supreme Court Hands Win to Litigants Appealing Patent Denials in District Courts

The U.S. Supreme Court in a Dec. 11 opinion made short work of a case about attorney fees in litigation against the U.S. Patent...

SCOTUS Hears Offensive Trademark Case

During an hour of oral arguments, both Supreme Court justices and the arguing attorneys before them managed to avoid saying the F-word, in a...

Old Intellectual Property Law, New Applications

The past year has seen a few shakeups in intellectual property law. The U.S. Supreme Court heard a case dealing with free speech protections...