INCONTESTABLE® Blog

INCONTESTABLE® Blog

Sixth Circuit Finds That in Context, Attractive Ingredient Photos Are Mere Puffery

INCONTESTABLE® Blog

Copy Store Not Liable for Violating Creative Commons License by Copying Materials for Licensed Customer

INCONTESTABLE® Blog

Federal Circuit Holds Google’s Copying of Java API Not a Fair Use

INCONTESTABLE® Blog

Foreign Broadcaster Infringes U.S. Copyright By Featuring Copyrighted Content on Its Foreign Website

INCONTESTABLE® Blog

TVEyes Television Watch Service Not Protected by Fair Use

INCONTESTABLE® Blog

Embedding a Third-Party Tweet Constitutes Copyright Infringement

INCONTESTABLE® Blog

Cox Not Entitled to DMCA Protection Given Lax Infringer Policy

INCONTESTABLE® Blog

Ninth Circuit Finds That Disputed Material Facts Prevent Summary Judgment on Whole Foods’ Laches Defense

INCONTESTABLE® Blog

Jury Finds Allstate’s DRIVEWISE Mark Infringed by Kia

INCONTESTABLE® Blog

TTAB Finds BREATHLESS Mark Is Registrable

INCONTESTABLE® Blog

Descriptive Use Of Applied-For Mark On Website Is Fatal To Registration

INCONTESTABLE® Blog

Lanham Act’s Bar On Immoral And Scandalous Matter Found Unconstitutional

INCONTESTABLE® Blog

Deadline Approaching to Update Designated Agent Under the Digital Millennium Copyright Act

INCONTESTABLE® Blog

Reverse Domain Name Hijacking In UDRP Proceeding Leads To Award Of Attorney Fees In District Court

INCONTESTABLE® Blog

Extrinsic Evidence May Not Be Used To Distinguish the Commercial Impressions of Marks In An Ex Parte Likelihood-of-Confusion Analysis

INCONTESTABLE® Blog

Court Reiterates That Standard for Recovering Attorney Fees Under Lanham Act Is High

INCONTESTABLE® Blog

Win or Lose, Trademark Applicants Must Pay USPTO’s Attorney Fees in District Court Appeals, Says Eastern District of Virginia

INCONTESTABLE® Blog

Threat of TTAB Cancellation Proceeding Insufficient To Establish Case or Controversy

INCONTESTABLE® Blog

Use of Green and Yellow for Agricultural Equipment Infringes and Dilutes Deere’s Trade Dress Rights

INCONTESTABLE® Blog

Court Says Trademark Litigant Must Produce Documents Held By Foreign Subsidiary

INCONTESTABLE® Blog

Trademark Licensee Cannot Claim Priority Based on Brand-Owner’s Pre-License Common-Law Rights

INCONTESTABLE® Blog

Court Says Flawed Likelihood-of-Confusion Survey Which Followed Neither the Ever-Ready nor Squirt Standards Was Prejudicial Necessitating

INCONTESTABLE® Blog

Court Finds Trademarked Words Can Be Used To Describe Property’s History

INCONTESTABLE® Blog

Court Says Jury’s Award of Profits Justified by Costco’s Business Model

INCONTESTABLE® Blog

District Court Rules that Startup Can Use Web Scrapers to Collect Information from Public LinkedIn Profiles, Despite Protests for LinkedIn