Oblon, Spivak Comments on Proposed Rules: Miscellaneous Changes to Trademark Trial and Appeal Board Rules
Oblon, Spivak appreciates the opportunity to comment on the U.S. Patent and Trademark Office's ("PTO") proposal to Amend the Rules of Practice before the Trademark Trial and Appeal Board, which were published in the Federal Register on January 17, 2006 [71 F.R. No. 10, at 2498]. The comments are provided based on our review and understanding of the proposed rules. The proposed rules raise numerous significant issues, which would benefit from additional discussion between the PTO and the attorneys and parties that will be affected.
Oblon, Spivak Announces Two New Partners and Elevates One Attorney to Senior Associate
Alexandria, Va. – Oblon, Spivak, McClelland, Maier & Neustadt, P.C. is pleased to announce that Frank J. West and Akihiro Yamazaki have been elected as partners to the Firm. Additionally, the firm elevated four associates to senior associate level.
WhenU.com's Pop-Up Ads Do Not "Use" 1-800's Mark in Commerce
On 27 June 2005, the Second Circuit issued its decision in the 1-800 Contacts v. WhenU.com case, involving trademark infringement based on pop-up advertisements. Finding it unnecessary to reach likelihood of confusion analysis, the court held as a matter of law: "WhenU does not ‘use' 1-800's trademarks within the meaning of the Lanham Act . . . when it (1) includes 1-800's website address, which is almost identical to 1-800's trademark, in an unpublished directory of terms that trigger delivery of WhenU's contextually relevant advertising to C-users; or (2) causes separate, branded pop-up ads to appear on a C-user's computer screen either above, below, or along the bottom edge of the 1-800 website window."
Oblon, Spivak's Moot Court Room Featured on the March 2005 Cover of The Lawyers Magazine
Featured on the March 2005 cover of The Lawyers Magazine (see photo below) is Oblon, Spivak's moot courtroom located on the top floor of their new office building in Alexandria, Virginia.
The Lawyers, Vol. 1, No. 3
Changes to Patent and Trademark Fees Under the Consolidated Appropriations Act, 2005
Because of legislation recently passed by the United States Congress, certain USPTO Fees are to increase in a range of 15-25%.
U. S. Implements the Madrid Protocol for the International Registration of Marks
On November 2, 2003, a new central filing system for international trademark protection, known as the Madrid Protocol, goes into effect in the United States. Starting on that date, it will be possible to file a single international application, in English, with one fee payment, through the U.S. Patent and Trademark Office and request extensions of protection in up to 59 member countries. Considerable cost savings are possible at the time of filing and in later maintaining the resulting rights.
Oblon Spivak to Lend Trademark Expertise to E-Mark-Asked To Take Over As U.S. Information Partner
Alexandria, Virginia - - Oblon, Spivak, McClelland, Maier & Neustadt, P.C. is pleased to announce its partnership with the online worldwide intellectual property network of Edital. Located at www.edital.com, this excellent information tool provides valuable updated information on trademark law in question-and-answer format in over 190 jurisdictions throughout the world.
Sonny Bono Copyright Term Extension Act (CTEA) Upheld by Supreme Court
SUMMARY OF MAJORITY HOLDING The decision handed down by the Supreme Court in Eldred v. Ashcroft, No. 01-618, upholding the constitutionality of the 1998 Sonny Bono Copyright Term Extension Act (CTEA) is a victory for future and existing copyright holders.
USPTO Implements The Trademark Law Treaty
The U.S. Patent and Trademark Office is set for implementation on October 30, 1999 of the changes to U.S. trademark law and practice under the Trademark Law Treaty.
REDSKINS Decision Issued By The U.S. Trademark Trial and Appeal Board.
The full opinion of the PTO's Trademark Trial and Appeal Board in Harjo v. Pro Football Inc. is available by clicking on the PDF link above.