This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the holder of a U.S. trademark can win damages for trademark infringements in foreign sales, and whether the Federal Rules of Bankruptcy Procedure or Civil Procedure govern a wrongful-death case
情報源: Trademark infringement and procedural rules – SCOTUSblog
Abitron Austria GmbH v. Hetronic International, Inc.
Roy v. Canadian Pacific Railway Company
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A potentially important product design trademark case is pending before the U.S. Supreme Court involving those chocolate covered bready-sticks. Ezaki Glico Kabushiki Kaisha v. Lotte International America Corp., Docket No. 20-1817 (Supreme Court 2021).
情報源: Trademark on Product Design: Are these biscuit sticks functional | Patently-O
Ezaki Gliko Kabushiki Kaisha v. Lotte International America Co, No. 19-3010 (3d Cir. 2021)
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Several members of the Supreme Court expressed skepticism Monday over the breadth of a federal law that forbids the registration for “immoral” or “scandalous” trademarks.
情報源: Justices keep it clean in debate over FUCT trademark – CNNPolitics
Is a clothing line called “FUCT” entitled to trademark protection? The U.S. Patent and Trademark Office said no. Now the Supreme Court must decide.
情報源: Supreme Court Dances Around The F-Word In Case About “FUCT” Trademark : NPR
trademark protection can be refused to brands that the federal government finds vulgar or lewd.The case involves a decision of the U.S. Patent and Trademark Office to deny trademark registration to a clothing line called FUCT.The U.S. Court of Appeals for the Federal Circuit struck down the century-old ban on protecting “scandalous” and “immoral” trademarks as a First Amendment violation, and the Department of Justice wants the Supreme Court to reverse the decision.
情報源: Valley News – Supreme Court to Decide if Trademark Protection Can be Denied to ‘Scandalous’ Brands
