Tag Archives: Trademark

The Trademark Modernization Act of 2020: Clearing the Dead Wood and Reinstating a Presumption of Irreparable Harm

KELLY MALLOY—On December 27, 2020, the Trademark Modernization Act (“TMA”) was signed into law as part of a bipartisan COVID-19 relief package. Amending the administrative procedure and law surrounding trademarks, the TMA provides for third-party submission of evidence relating to applications, establishes expungement and ex-parte proceedings relating to the validity of marks, and, importantly, reinstates […]

USPTO v. Booking.com – A Victory for Brand Owners in Trademark Law

While many businesses continue to struggle amidst a global pandemic, the Supreme Court recently provided brand owners a thin silver lining. In one of Justice Ruth Bader Ginsburg’s final opinions, the Court decided in U.S. Patent & Trademark Office (“USPTO”) v. Booking.com that a generic word combined with “.com” can be eligible for federal trademark […]

A Big Mac is a Big Mac™ . . . Unless You Are in the EU

STEPHANIE MORAN—On January 11, 2019, the European Union Intellectual Property Office (“EUIPO”) cancelled McDonald’s trademark on the “Big Mac” in the European Union. McDonald’s has held its “Big Mac” trademark in the EU since 1998. The cancellation of McDonald’s EU trademark is a result of a 2017 lawsuit filed by Irish restaurant chain “Supermac,” that […]