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....S. Patent and Trademark Office (TTAB). Would you be surprised to learn that one of the two firms already sued its lawyer for legal malpractice? Incidentally, please read a legal disclaimer at the bottom of this post. This blog only will address a Lanham Act claim of false advertising. The federal Lanham Act prohibits the “false or misleading description of fact, or false or misleading representation of fact, which … in commercial advertising or promotion, misrepresents the nature, characteristics,...

... David Couture for the PLAYDOM service mark for entertainment services. CAFC agreed with the TTAB that actual rendering of services is required for a service mark to be considered to be “used in commerce” under the U.S. Trademark Act (also known as Lanham Act). Under U.S. Law for a trademark or service mark of a domestic U.S. applicant to be registered, the mark must be “used in commerce.” In a precedential decision, CAFC has explained what it means for a service mark to be “in use.” Couture ...

... Court of Appeals interpreted Octane Fitness as a clear message from the U.S. Supreme Court that it “was defining ‘exceptional’ not just for the fee provision in the Patent Act, but for the fee provision in the Trademark Act [also known as the Lanham Act] as well.” It is important to understand the facts when you consider the award of attorneys’ fees, and the facts in Fair Wind are interesting. This is a case of a company (employer) suing its former employee. However, rather than ...