Lauren Baker

2 weeks ago | ipwatchdog.com | Eileen McDermott |Lauren Baker |Tina Dorr-Ph.D |Gene Quinn

“We do not define the ordinary American purchaser rigidly, but even if the ordinary American purchaser was defined as a proficient speaker of the foreign language, that does not necessitate translation.” – CAFC The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday in a precedential decision affirmed a Trademark Trial and Appeal Board (TTAB) decision finding that the mark VETEMENTS for clothing items is generic and merely descriptive without acquired distinctiveness under the...

2 weeks ago | ipwatchdog.com | Lauren Baker |Tina Dorr-Ph.D |Eileen McDermott

“These decisions highlight the fact-intensive nature of the inquiry into a potential infringer’s legitimate business and commercial intent. Without concrete proof of experimental intent, the defense is unlikely to succeed.”In a previous article, we analyzed the contours of the common law experimental use exemption. Now, we will explore the application of the exemption to common research activities, including those at universities and research institutions, in cases spanning recent decades.