The Trademark Modernization Act (TMA) was signed into law on December 27, 2020. The Act introduces significant amendments to the Lanham Act designed to strengthen the rights of legitimate trademark owners. The Act makes it easier for trademark owners to obtain injunctive relief in litigation, provides new mechanisms for challenging trademark applications and registrations on the basis of non-use, codifies the letter of protest procedure, and affords the USPTO greater discretion and flexibility in setting deadlines to respond to office actions.
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Supreme Court Update – Hana Financial v. Hana Bank
Sheppard Mullin’s intellectual property group prevailed before the United States Supreme Court in the trademark matter entitled Hana Financial v. Hana Bank. 574 U.S. ___ (2015). Justice Sotomayor, writing for a unanimous court, affirmed a Ninth Circuit ruling that the doctrine of trademark tacking presents a question of fact appropriate for jury determination. 735 F.3d 1158 (9th Cir. 2013). This was the first substantive trademark decision by the U.S. Supreme Court in nearly a decade. Partner Carlo Van den Bosch argued the case before the Supreme Court. With him on the briefs were Bob Rose, Michelle Wisniewski, and Gazal Pour-Moezzi. Karin Vogel and Robert Stumpf from the appellate group also contributed.
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