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Petitions of the week: Abortion, alcohol, appointments and more

This week we highlight cert petitions pending before the Supreme Court that ask the court to assess the constitutionality of a Mississippi abortion law, a Texas liquor law and a federal law governing the appointment of patent judges. In Dobbs v. Jackson Women’s Health Organization, Mississippi asks the court to weigh in on the state’s Gestational Age Act, which bans abortions after 15 weeks of pregnancy except in cases of medical emergencies or severe fetal abnormalities. The state wants the cou...
Tags: Health, Texas, Mississippi, Supreme Court, Law, Congress, Senate, United States, Graham, Wal Mart Stores, Dobbs, Duke University, Casey, U S Patent and Trademark Office, Federal Circuit, Hellerstedt


Monday round-up

Today the Supreme Court will issue decisions in July for the first time since 1996, after the coronavirus pandemic forced the postponement of oral arguments in 10 cases. Greg Stohr reports at Bloomberg that “[t]he U.S. Supreme Court is poised to cap a term like no other with potentially blockbuster decisions covering birth control, religious rights and President Donald Trump’s efforts to keep his financial records private.” At The Hill, Harper Neidig and John Kruzel highlight “the five most-anti...
Tags: Supreme Court, Law, Montana, Bloomberg, Chicago, Louisiana, Illinois, Donald Trump, Forest Service, Round-up, Reuters, U S Supreme Court, U S Forest Service, Roberts, Jess Bravin, Greg Stohr


Wednesday round-up

Yesterday the court issued two opinions, whittling its remaining cases down to eight. In Espinoza v. Montana Department of Revenue, the court held 5-4 that Montana’s exclusion of religious schools from a state-funded scholarship program for private schools violates the First Amendment. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. Mariam Marshedi has an analysis at Subscript Law. At NPR, Nina Totenberg and Brian Naylor report that “[t]he court’s...
Tags: Texas, Supreme Court, Law, Montana, Bloomberg, New York Times, Fox News, Npr, Louisiana, Wall Street Journal, Trump, Round-up, National Review, John `` Roberts, The Supreme Court, Roberts


Opinion analysis: Court holds that “generic.com” marks may be registered trademarks or service marks when consumers do not perceive them as generic

When the digital travel company Booking.com sought to register its domain name as a service mark for hotel reservation services, the U.S. Patent and Trademark office denied registration under a longstanding policy that the combination of a generic term for goods and services with the “.com” suffix did not create a protectable trademark. Booking.com sought review of the PTO’s decision in federal district court, and introduced survey evidence supporting an inference that 74 percent of consumers re...
Tags: Featured, Supreme Court, Law, Ruth Bader Ginsburg, Sonia Sotomayor, Ginsburg, PTO, U S Court of Appeals, U S Patent and Trademark Office, Sotomayor, Stephen Breyer, Breyer, 4th Circuit, Merits Cases, U S Patent and Trademark


Live blog of opinions (Update: Completed)

We live-blogged on Tuesday, June 30, as the court released opinions in U.S. Patent and Trademark Office v. Booking.com and Espinoza v. Montana Department of Revenue. SCOTUSblog is sponsored by Casetext: making litigation more efficient with A.I. and machine learning technology. The post Live blog of opinions (Update: Completed) appeared first on SCOTUSblog.
Tags: Law, Live, U S Patent and Trademark Office, Espinoza, Montana Department


On the Visual Thesaurus: The case of the generic name

Earlier this month, the US Supreme Court heard arguments (by telephone, because of the COVID-19 pandemic) in a case with special interest for those of us who follow developments in naming and trademark law. U.S. Patent and Trademark Office vs. Booking.com, the case argued on May 4, is the culmination of eight years of efforts by Booking.com, which calls itself “the world’s #1 choice for booking hotel accommodations,” to register its full name, including the .com, as a US trademark. My latest co...
Tags: Facebook, UK, Law, US, Domains, Hawaii, Linguistics, Cbs, British, Trademark, US supreme court, Slang, John Steinbeck, Danny, U S Patent and Trademark Office, The World


Empirical SCOTUS: Changes in Supreme Court oral argument format: The good, the bad and the ugly

Editor’s note: This is the first in a three-post series analyzing the Supreme Court’s telephonic oral arguments with live audio instituted due to the COVID-19 pandemic. The first week of the Supreme Court’s telephonic oral arguments provided meaningful data points to compare old-style oral arguments with the new framework. These new arguments were not without mishaps, as justices and attorneys attempted to navigate this unfamiliar terrain. Using Supreme Court transcript data and audio recordings...
Tags: Featured, Supreme Court, Law, Pennsylvania, Department Of Homeland Security, Ruth Bader Ginsburg, Ross, Thomas, Peter, Sonia Sotomayor, Stewart, John Roberts, Blatt, Roberts, Liu, Ginsburg


Now available on Oyez: This week’s oral argument audio aligned with the transcripts

Oyez has posted the aligned audio and transcripts from this week’s oral arguments at the Supreme Court. The court heard argument this week in: U.S. Patent and Trademark Office v. Booking.com USAID v. Alliance for Open Society International Little Sister of the Poor v. Pennsylvania Barr v. American Association of Political Consultants The post Now available on Oyez: This week’s oral argument audio aligned with the transcripts appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Usaid, Alliance, U S Patent and Trademark Office, Oyez, Merits Cases, American Association of Political Consultants, Pennsylvania Barr


Wednesday round-up

This morning the justices have two cases on their telephonic-argument agenda. First up is Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, a challenge to the government’s expansion of the “conscience exemption” to the Affordable Care Act’s birth-control mandate. Amy Howe previewed the case for this blog, in a post that first appeared at Howe on the Court. Kayla Anderson and Prachee Sawant have a preview at Cornell Law School’s Legal Information Institute. At NPR, Nina Toten...
Tags: Supreme Court, Law, California, Court, Ap, Pennsylvania, United States, Fox News, Npr, Usa Today, Ruth Bader Ginsburg, Baltimore, Usaid, Cornell, Economist, Round-up


Argument analysis:  A very orderly argument

The Supreme Court’s first telephonic oral argument raised the question whether a business can create a registrable trademark or service mark by combining an unprotectable generic term for the services it offers with the generic top-level domain name “.com.” Trademark law bars registration of generic terms, but it permits the registration of merely descriptive terms if they have acquired enough secondary meaning that the public understands them as trademarks rather than as terms that describe goo...
Tags: Featured, Supreme Court, Law, Congress, Ruth Bader Ginsburg, Ross, Shutterfly, Thomas, John Roberts, Blatt, Roberts, Ginsburg, PTO, U S Court of Appeals, Goodyear, U S Patent and Trademark Office


Educational seminar: Debrief of U.S. Patent and Trademark Office v. Booking.com

Today at noon ET, join us for a 30-minute video discussion of yesterday’s first-ever telephonic oral argument, in U.S. Patent and Trademark Office v. Booking.com. Tejinder Singh of Goldstein & Russell and John Duffy of the University of Virginia School of Law will talk about the argument and what the case may mean for trademarks in marketing and advertising. You can join the seminar at noon here . Attendees will have the opportunity to ask questions. A link to a live-stream of the seminar will ...
Tags: Law, Trademark Office, U S Patent and Trademark Office, University of Virginia School of Law, John Duffy, Goldstein Russell, Everything Else, Tejinder Singh


A “view” from my laptop: Arguments.com

There is much anticipation going into this morning’s argument, historic for being conducted via teleconference because of pandemic concerns and for offering live audio for the first time. On C-SPAN in the hour before the argument, Jeffrey Rosen, the president of the National Constitution Center, is giddy with excitement. “It is indeed a historic morning,” says Rosen. “It’s an experiment for everyone.” The lawyers arguing this morning’s case, U.S. Patent and Trademark Office v. Booking.com B.V., ...
Tags: Featured, News, Supreme Court, Law, Washington Post, Washington, United States, God, Department Of Justice, Ruth Bader Ginsburg, Ross, Container Store, Thomas, Sonia Sotomayor, John Roberts, Blatt


Monday round-up

This morning the Supreme Court will kick off a two-week session of oral arguments that will change its traditional practice in unprecedented ways: It will hear the arguments by telephone and it will provide live audio of the proceedings to the public. First up is U.S. Patent and Trademark Office v. Booking.com, which asks whether the addition of “.com” to a generic term creates a protectable trademark. Jessica Litman previewed the case for this blog. Soo Min Ko has a preview for Cornell Law Scho...
Tags: Supreme Court, Law, Congress, Court, Pennsylvania, New York Times, Donald Trump, Abc News, Department Of Homeland Security, University Of California, Trump, Round-up, Fed, Peter, U S Supreme Court, The Supreme Court


Educational seminar: Preview of U.S. Patent and Trademark Office v. Booking.com

Today at noon, we held a webinar before the oral argument in U.S. Patent and Trademark Office v. Booking.com . Tejinder Singh of Goldstein & Russell and John Duffy of the University of Virginia School of Law led a discussion for undergraduate students on how the case relates to trademarks in marketing and advertising. A recording of the webinar is available below.  The case will be argued at 10 a.m. on Monday, May 4, with live audio access on the blog. We will host another webinar to tal...
Tags: Law, Trademark Office, U S Patent and Trademark Office, University of Virginia School of Law, John Duffy, Goldstein Russell, Tejinder Singh, Educational seminars on May 2020 oral arguments


Argument preview: Is “Booking.com” generic for online hotel reservation services?

Editor’s note: This post was originally published on March 16, 2020. U.S. Patent and Trademark Office v. Booking.com raises the question whether a business can create a registrable trademark by combining an unprotectable generic term with a generic top-level domain name like “.com.” Trademarks and service marks are words or symbols that communicate the source of goods and services. The Lanham Trademark Protection Act provides rules for registering trademarks and for protecting both registe...
Tags: Featured, Supreme Court, Law, 9th Circuit, PTO, U S Court of Appeals, Goodyear, Trademark Office, U S Patent and Trademark Office, 4th Circuit, Merits Cases, Goodyear s India Rubber Glove, Goodyear Rubber Co, U S Courts of Appeals for the Federal Circuit, Booking Inc


Court sets cases for May telephone arguments, will make live audio available

The Supreme Court  announced this morning  that it will hear 10 oral arguments by telephone in May, in 13 cases that had previously been scheduled for argument in March and April but had been postponed because of the COVID-19 pandemic. In a one-page press release, the justices indicated that argument dates over six days in early and mid-May will be assigned once the court is able to confirm the days on which the arguing lawyers are available. Both the justices and the lawyers will participate r...
Tags: New York, Featured, Supreme Court, Law, Congress, Washington, Pennsylvania, Manhattan, Deutsche Bank, Catholic, Oklahoma, Trump, Sonia Sotomayor, Creek Nation, Vance, University of Texas


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, whether the First Amendment prohibits a state from criminalizing threats to commit violence communicated in reckless disregard of the risk of placing another in fear, whether a guilty plea waives a challenge on appeal to the denial of a defendant’s Sixth Amendment right to represent himself and whether federal law preempts the application of state and local labor laws to the terms and conditions o...
Tags: Supreme Court, Law, California, Massachusetts, Office, Austin, United States, Treasury, Kansas, Illinois, White, Morgan, Ryan, Martinez, Moody, Department of Health and Human Services


Argument preview: Is “Booking.com” generic for online hotel reservation services?

U.S. Patent and Trademark Office v. Booking.com raises the question whether a business can create a registrable trademark by combining an unprotectable generic term with a generic top-level domain name like “.com.” Trademarks and service marks are words or symbols that communicate the source of goods and services. The Lanham Trademark Protection Act provides rules for registering trademarks and for protecting both registered and unregistered marks. The law bars trademark protection for gener...
Tags: Featured, Supreme Court, Law, 9th Circuit, PTO, U S Court of Appeals, Goodyear, Trademark Office, U S Patent and Trademark Office, 4th Circuit, Merits Cases, Goodyear s India Rubber Glove, Goodyear Rubber Co, U S Courts of Appeals for the Federal Circuit, Booking Inc


Friday round-up

Yesterday the Supreme Court announced that the court building would be closed to the public until further notice, but would remain “open for official business.” Amy Howe covers the announcement for this blog, in a post that first appeared at Howe on the Court. Also at this blog, Katie Bart and Kalvis Golde put the announcement in historical perspective. Jess Bravin reports for (subscription required) that the court “is next scheduled to hear oral arguments on March 23, beginning a two-week sit...
Tags: Google, New York, Supreme Court, Law, Washington, Mexico, China, Court, Atlantic, United States, Missouri, House, Kansas, Louisiana, Vox, Ruth Bader Ginsburg


Justices issue March argument calendar

This morning the Supreme Court issued the calendar for its March argument sitting, which begins on March 23 and continues through April 1. When they announced late last year that they would take up three disputes over access to President Donald Trump’s financial records, the justices indicated that the cases would be set for oral argument in March, but they did not set a date for the arguments then. Today they made it official: Trump v. Vance, arising from efforts by the Manhattan district attor...
Tags: Google, Featured, Supreme Court, Law, United States, Manhattan, Deutsche Bank, Catholic, Carney, Madrid, Donald Trump, Oracle, Delaware, Collins, Briggs, Trump


Non Sequiturs: 04.21.19

* What's the future of Elizabeth Prelogar, the beauty queen turned Harvard Law School grad turned Supreme Court clerk turned Team Mueller member? Not clear, except that it's blindingly bright. [Ozy] * How often do you see this? A federal judge praises counsel -- specifically, J. Christian Adams of the Election Law Center, Douglas R. Cox of Gibson Dunn, Michael E. Rosman of the Center for Individual Rights, and local counsel Mun Su Park -- for their "conscientious billing practices." [Volokh Con...
Tags: Real Estate, Supreme Court, Law, Scotus, Alabama, Copyright, United States, Violence, Federal Judges, Donald Trump, Harvard Law School, Cooper, Martha, BSF, U S Patent and Trademark Office, Goodwin Procter


Argument analysis: Justices grapple with immoral and scandalous trademarks

On Monday, the Supreme Court considered the intersection of free speech and trademark law when it addressed the constitutionality of prohibiting trademark registration for offensive trademarks. This case arose in the aftermath of Matal v. Tam. In Tam, the court struck down the Lanham Act’s prohibition on registration of disparaging trademarks, holding that the ban constituted viewpoint discrimination in violation of the First Amendment. The question before the court on Monday was whether the pro...
Tags: Featured, Supreme Court, Law, Congress, California, George Carlin, Miller, Times Square, Tam, Sonia Sotomayor, Stewart, John Roberts, Roberts, Alito, PTO, U S Patent and Trademark Office


A “view” from the courtroom: Dangling past participles

The first case for argument today involves the highly provocative trademark, “FUCT,” for a line of “streetwear” founded by Erik Brunetti in California in 1990. Brunetti’s lawyer, John Sommer, promised in his merits brief that references to “vulgar terms” will be not be necessary during oral arguments, or if necessary, “the discussion will be purely clinical, such as when medical terms are discussed.” Erik Brunetti seated in courtroom for argument (Art Lien) At the end of the hour, he will ...
Tags: UK, Featured, Supreme Court, Law, Congress, California, Walmart, George Carlin, Quentin Tarantino, Donald Trump, Ruth Bader Ginsburg, Samuel L Jackson, Carlin, Jules, Tam, Stewart


Argument preview: Justices to consider constitutionality of banning trademark registration for immoral and scandalous marks

Trademark law is a consumer protection mechanism. It promotes fair competition by preventing consumer confusion and deception in the marketplace, and incentivizes producers to develop goodwill in their goods and services. Trademark rights begin with use of a mark in commerce, and registration with the U.S. Patent and Trademark Office is not necessary. However, significant rights accrue from registration, such as a presumptive right of validity, constructive nationwide rights, the potential for...
Tags: Featured, Supreme Court, Law, Uspto, Tam, U S Patent and Trademark Office, Anthony Kennedy, Federal Circuit, U S Court of Appeals for the Federal Circuit, Brunetti, Trademark Trial and Appeal Board, Ttab, Merits Cases, Iancu, Natas Kaupas, Matal


Eligibility Train Wreck Continues its Skid: Skidmore Deference for the PTO on Eligibility

by Dennis Crouch A key point of argument and policy over the past decades has been the level of authority given to the USPTO as the government’s expert patent law agency.  When the USPTO makes a decision — is that decision respected by other tribunals?  At times the agency is given substantial deference (factual conclusions made by the PTAB), but other agency decisions are also regularly reviewed de novo without deference.  With regard to interpretation of substantive patent law, PTO determinat...
Tags: Law, Uspto, Patent, Cleveland Clinic, Moore, PTO, U S Patent and Trademark Office, Federal Circuit, Chakrabarty, Dennis Crouch, Fed Cir, PTAB, Diehr, Skidmore, Swift Co, Dir Iancu


Justices add patent-fees case to next term’s docket

This morning the Supreme Court issued orders from last week’s conference, adding a new case involving fees in patent cases to its docket. Under federal law, an unsuccessful patent applicant who wants a court to review the denial of his patent by the U.S. Patent and Trademark Office has two options. He can go to the U.S. Court of Appeals for the Federal Circuit, which will review the denial based on the same record that the USPTO used. Or he can go to federal district court, which will let him ad...
Tags: Featured, Supreme Court, Law, Court, Indiana, Missouri, Lgbtq, U S Supreme Court, Morristown, Howe, New Jersey Supreme Court, U S Patent and Trademark Office, Trinity Lutheran Church, Samuel Alito, Kavanaugh, U S Court of Appeals for the Federal Circuit


Relist Watch

John Elwood reviews Monday’s relists. With the recent reduction in trusted sources for Supreme Court news, untrusted news sources must do our best to fill the gap. So even though I have an argument approaching, I will once again try to rise to the occasion. Happily for me, it’s a light week for relists. First the old business. The court finally resolved that tangle of 56 Armed Career Criminal Act cases pretty much the way I expected. Otherwise, from last week’s installment, we had one denial, ...
Tags: Featured, Supreme Court, Law, Congress, Virginia, Freedom, Alabama, Indiana, Dhs, Kanye West, United States, Wheeler, Kansas, Louisiana, Nielsen, Naacp


A “view” from the courtroom: Back to the bench for Justice Ginsburg

The court is returning to the bench this morning after its usual four-week winter recess. The recess, marked by noteworthy “shadow docket” actions on the death penalty, abortion rights and other matters, may have offered more news than the relatively sleepy February sitting. Today, though, the press section is filling up, and it is not because there is a groundswell of interest in today’s lone case for argument – a thorny patent dispute between a private business and the U.S. Postal Service over...
Tags: New York, Hollywood, Featured, Law, Congress, Abc, California, Washington, Alabama, Los Angeles, Syria, Cnn, Commerce, Oscar, Npr, Ross


More on today’s orders

This afternoon the justices issued orders from their private conference earlier in the day. In addition to the two partisan-gerrymandering cases set for argument in the March session, the justices also granted review in four other new cases, involving issues ranging from “immoral” copyright marks to  vagueness in a federal criminal law. In Iancu v. Brunetti, the justices will take up a First Amendment challenge to a federal law that bans the registration of “immoral” or “scandalous” trademarks. ...
Tags: Featured, Supreme Court, Law, United States, Davis, Dallas, Howe, U S Court of Appeals, Glover, U S Patent and Trademark Office, U S Court of Appeals for the Federal Circuit, Brunetti, Taggart, Lorenzen, Merits Cases, Iancu


Conference & CLE Calendar

October 9, 2018 - "Avoiding and Utilizing Prosecution History Traps: Litigation, Prosecution, and Due Diligence" (Intellectual Property Owners Association) - 2:00 to 3:00 pm (ET) October 9, 2018 - "Leveraging a Harmonized Patent Classification System" (U.S. Patent and Trademark Office) - 12:00 to 1:00 pm (ET) on October 11, 2018 - "Patent Term Adjustments and Extensions: Leveraging Recent Decisions and USPTO Rule Changes" (Strafford) - 1:00 to 2:30 pm (EDT) October 12, 2018 - "Standard Essential...
Tags: Law, U S Patent and Trademark Office, John Marshall, Patent Docs, Conferences & CLE's, Litigation Prosecution



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