U.S. Supreme Court,
Intellectual Property
Sep. 17, 2020
Rulings will increase trademark conflicts and expense
Two decisions this year by the U.S. Supreme Court broaden trademark protection and are bound to increase trademark litigation and legal expense. The decisions extend a relatively recent trend in the court’s trademark jurisprudence.
Richard L. Kirkpatrick
Retired Partner
Pillsbury Winthrop Shaw Pittman LLP
Email: rkirkpatrick@pillsburywinthrop.com
Richard is author of "Likelihood of Confusion in Trademark Law" (second edition), published by the Practising Law Institute with semi-annaul supplements.
William P. Atkins
Partner
Pillsbury Winthrop Shaw Pittman LLP
Email: william.atkins@pillsburylaw.com
William is editor-in-chief of "The PTAB Handbook" and co-editor-in-chief of the ABA's "Patent Litigation Strategies Handbook."
Two decisions this year by the U.S. Supreme Court broaden trademark protection and are bound to increase trademark litigation and legal expense. The decisions extend a relatively recent trend in the court's trademark jurisprudence.
It is newsworthy, first, that the Supreme Court decided two trademark cases in one term. For many decades in the 1900s, the court decided few trademark cases at all. This omission was due in part to the 19...
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