Court: Supreme Court of the United States

Supreme Court ruling to end Chevron deference may bring USPTO Lanham Act interpretations before courts

Challenges to USPTO decisions will likely increase after a new Supreme Court ruling; however, deference-based arguments can still be made, practitioners explain.

05 July 2024

TRUMP TOO SMALL refusal did not violate free speech, Supreme Court rules

In a "welcome" decision, the US Supreme Court has ruled that the USPTO’s refusal of the trademark TRUMP TOO SMALL does not violate the First Amendment.

13 June 2024

“The implications are profound” – USPTO domicile rule heads to Supreme Court

A petition has been filed at the US Supreme Court to take up a case to end the USPTO’s domicile address requirement, with the trademark community urged to consider filing a petition in support of certiorari.

13 May 2024

BAD SPANIELS, Abitron and Redbubble – 2023’s most influential US decisions

We revisit the five most important trademark rulings to come from US courts this year – and two to keep an eye out for in 2024.

27 December 2023

United States: Last 12 Months See New Court Precedents and Fresh Ways to Challenge Existing Registrations

Featured in Trademark Litigation Review 2025

In the past year, US courts have set critical new legal precedents, including on the extraterritorial application of US trademark law and burden of proof for ‘crowded field’ defences. The first round of decisions interpreting the 2020 Trademark Modernization Act’s expungement and reexamination procedures have also made waves, offering new avenues for challenging existing US registrations.

24 November 2023

US Supreme Court denies celebrity personas petition; WIPO and SAIP pledge cooperation; OpSec acquires Global Trim – news digest

In our latest round-up, we look at Richard Branson’s Virgin Group winning a brand dispute, a US court being asked to hear an AI “authorship” appeal, and much more.

13 October 2023

Reeling in the Rogers test: the future of First Amendment defences 

From parody dog toys to anti-Trump t-shirts, US practitioners reflect on recent cases that raise difficult and longstanding questions about the line between trademark abuse and protected expression. 

27 July 2023

US Supreme Court’s Abitron ruling clarifies extraterritorial reach of Lanham Act, but key questions remain

The long-awaited decision limits the reach of US trademark law beyond US borders but may be a missed opportunity to provide clarity.

30 June 2023

TRUMP TOO SMALL heads to Supreme Court for free speech review

The Supreme Court is to take a closer look at whether the USPTO’s refusal to register a mark related to the former president under the Lanham Act violates the First Amendment.

29 June 2023

Brand owners breathe a “sigh of relief” as Supreme Court sides with Jack Daniel’s

A unanimous decision from the US Supreme Court has been praised by local practitioners as a momentous development for brand owners everywhere.

08 June 2023

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