Eleanor B. Atkins
Subscribe to Eleanor B. Atkins's PostsEleanor (Ellie) B. Atkins focuses her practice on trademark, copyright, sweepstakes and promotions, and false advertising matters. Ellie is experienced in client counsel, strategy and legal research, including portfolio management and the selection, clearance, prosecution, registration and enforcement of trademarks. Additionally, she has assisted with district court litigation as well as actions before the Trademark Trial and Appeal Board, including drafting complaints, discovery requests and briefs in support of various motions. Read Ellie Atkins' full bio.
Took a DNA Test, Turns Out “100% THAT BITCH” Is 100% Registrable
By Eleanor B. Atkins on Feb 16, 2023
Posted In Trademarks
Addressing a refusal to register for failure to function as a trademark, the Trademark Trial & Appeal Board (Board) reversed, finding that the evidence of consumer perception of “100% THAT BITCH” did not demonstrate that the proposed mark is such a widespread and common expression that it failed to function as a source identifier. In...
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2023 IP Outlook: What to Watch in Patent, Trademark and Copyright Law
By Sarah Bro, Douglas Carsten, Syed K. Fareed, Mandy H. Kim, Charles Larsen, Christina (Tina) L. Martini, Jennifer M. Mikulina, Amol Parikh, Eleanor B. Atkins, Cecilia Choy, Ph.D., Anisa Noorassa, Alexander Piala, PhD, Joshua Revilla, Christian Tatum and Diana Pisani on Feb 7, 2023
Posted In Copyrights, EU Update, Life Sciences, Patents, Technology, Trademarks
Coming out of 2022, developments around the globe are shaping the intellectual property (IP) landscape in the new year. We are seeing cases at the intersection of IP law and NFTs, the opening of the Unified Patent Court in Europe, and decisions from the Supreme Court of the United States and the Court of Appeals...
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Deleting Goods from Registration Subject to Cancellation During Audit May Result in Adverse Judgment
By Eleanor B. Atkins on Jan 26, 2023
Posted In Trademarks
The Trademark Trial & Appeal Board (Board) addressed, for the first time, whether the deletion of goods and services as a result of a post-registration audit during a cancellation proceeding triggers Trademark Rule 2.134 and found that it does. The Board required the respondent to show cause as to why its deletion of certain goods...
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Supreme Court to Consider First Amendment Protection for Parody Dog Toy
By Eleanor B. Atkins on Nov 29, 2022
Posted In Cert Alert, Trademarks
The Supreme Court of the United States has agreed to consider the scope of protection afforded by the First Amendment to commercial parody products that feature the unauthorized use of another party’s trademark(s). Jack Daniel’s Properties, Inc. v. VIP Products LLC, Case No. 22-148 (Supr. Ct. Nov. 21, 2022) (certiorari granted). The questions presented are...
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PTO Lowers the Bar for Genericness Refusals
By Eleanor B. Atkins on Jul 14, 2022
Posted In Trademarks
The US Patent & Trademark Office (PTO) recently issued Examination Guide 1-22, Clarification of Examination Evidentiary Standard for Marks Refused as Generic (Guide 1-22), which amends the PTO’s stance on the appropriate evidentiary burden for examining attorneys refusing registration based on genericness. Previously, the Trademark Manual of Examining Procedure (TMEP) required an examining attorney to...
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Delay in Enforcing Trademark Measured from When Infringement Became Actionable
By Eleanor B. Atkins on May 26, 2022
Posted In Trademarks
Addressing laches and progressive encroachment, the US Court of Appeals for the Eighth Circuit reversed and remanded a district court’s grant of summary judgment based on laches because the district court failed to “conduct a meaningful analysis” as to when the trademark infringement first became actionable. A.I.G. Agency, Inc. v American International Group, Inc., Case...
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2022 IP Outlook Report: The Developments Shaping Trademark Law
By Sarah Bro, Eleanor B. Atkins and Joshua Revilla on Feb 15, 2022
Posted In Trademarks
Key Takeaways and Outlook for 2022 While Gen Z taught us all on TikTok how not to be “cheugy,” or out of touch with pop culture, similarly, trademark law in 2021 ushered in new and changed regulations, provided further guidance on traditional legal concepts and gave us a peek into how brands may help shape...
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#Blessed? Preliminary Injunction Related to Social Media Accounts Vacated
By Eleanor B. Atkins on Feb 3, 2022
Posted In Trademarks
Addressing a dispute between a bridal designer and her former employer regarding the use of the designer’s name and control of various social media accounts, the US Court of Appeals for the Second Circuit affirmed the district court’s preliminary injunction prohibiting the designer from using her name(s) in commerce, vacated the portion of the preliminary...
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PTO Outlines New Process to Impose Sanctions for Improper Trademark Practices
By Eleanor B. Atkins on Jan 13, 2022
Posted In Trademarks
As part of its initiative to “protect the integrity of the U.S. trademark register,” the US Patent and Trademark Office (PTO) issued a Federal Register notice outlining a new administrative process to address fraudulent or improper trademark submissions. Under this new process, the commissioner for trademarks can investigate and sanction actions that appear to violate...
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PTO Publishes Regulations to Implement Trademark Modernization Act
By Eleanor B. Atkins on Dec 2, 2021
Posted In Trademarks
The US Patent and Trademark Office (PTO) recently published its final rules implementing provisions of the Trademark Modernization Act of 2020 (TMA). Most changes are effective as of December 18, 2021, but certain changes (i.e., adjustments to the office action response period) won’t go into effect until December 1, 2022. The new regulations are summarized...
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