On May 14, the U.S. Court of Appeals for the Eleventh Circuit reversed a decision of the U. S. District Court for the Southern District of Florida in Engineered Tax Services, Inc., v. Scarpello Consulting, Inc. The district court granted summary judgment in favor of Scarpello, asserting that no reasonable jury could find ENGINEERED TAX SERVICES to be a valid trademark due to a lack of distinctiveness. Engineered Tax Services (ETS) appealed to the Eleventh Circuit, which found that a reasonable jury could have found the mark to be inherently distinctive.
Litigation
- How French and California Contract Law Would Interpret SEP Patent Owner Obligations Under the ETSI Licensing Declaration
- NYIPLA Tells Supremes IP Lawyers Need Attorney-Client Privilege for Dual-Purpose Communications
- A Guide to Disclosures in Delaware Patent Litigation in the Face of Pending Federal Circuit Review
- CAFC Expressly States Patentee Disclaimers During IPR are Not Binding on the PTAB’s Patentability Analysis
- Disruptive Startups Cannot Survive in a Post-AIA Patent Landscape
Recent Posts
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- Answering the Question, ‘What is the Conservative View of Patent Rights?’
- USPTO, Copyright Office Joint Study on NFTs Could Help Dispel Confusion About IP Ownership in Media Content Underlying Digital Assets
- How French and California Contract Law Would Interpret SEP Patent Owner Obligations Under the ETSI Licensing Declaration