Eleanor B. Atkins Eleanor B. Atkins

Subscribe to Eleanor B. Atkins's Posts
Eleanor (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.

TTAB Judicial Appointments are Determined Constitutionally Sound


By on Sep 16, 2021
Posted In Trademarks

Addressing for the first time whether the Supreme Court of the United States’ recent decision in United States v. Arthrex, Inc. also applied to the Trademark Trial and Appeal Board (TTAB), the US Court of Appeals for the Federal Circuit held that it did not, upholding the constitutionality of TTAB judicial appointments and affirming the...

Continue Reading



Don’t Be So Dramatic: True Crime Docudrama Doesn’t Violate Right of Privacy


By on Jul 29, 2021
Posted In Uncategorized

Addressing the tension between the First Amendment and the right to privacy under New York law, the New York Supreme Court Appellate Division, Third Department, unanimously held that despite being partially fictionalized, a movie based on true events did not violate the privacy rights of the film’s subjects. Porco v. Lifetime Entertainment Services, LLC, Case...

Continue Reading



There’s No Sugarcoating It: Pocky’s Cookie Design Trade Dress Is Functional


By on Feb 4, 2021
Posted In Trademarks

Addressing for the second time whether the design of a chocolate-dipped, stick-shaped cookie was eligible for trade dress protection, the US Court of Appeals for the Third Circuit held again that the product configuration was functional and therefore not subject to trade dress protection, affirming summary judgment for defendant Lotte International America Corp. Ezaki Glico...

Continue Reading



2020 IP Law Year in Review: Trademarks


By and on Jan 21, 2021
Posted In Trademarks

Executive Summary 2020 was a year like no other, so you’d be forgiven if the year’s biggest headlines in trademark law didn’t quite catch your attention. In 2020, the US Supreme Court shaped trademark jurisprudence through a trio of notable decisions. A pandemic and shelter-in-place orders pushed more consumers to virtual marketplaces, forcing brand owners,...

Continue Reading



What’s Cookin’? No Likelihood of Confusion Between Two KITCHEN Marks


By on Jan 21, 2021
Posted In Trademarks

Addressing the assessment and application of the DuPont likelihood of confusion factors, the US Court of Appeals for the Federal Circuit upheld the Trademark Trial and Appeal Board’s finding of no likelihood of confusion between W WEIGEL’S KITCHEN NOW OPEN & Design and QT KITCHENS & Design for food and beverages sold in the parties’...

Continue Reading



PTO Exam Guide: Post Booking.com, Generic.com Terms Still Face Uphill Battle for Registration


By on Nov 12, 2020
Posted In Trademarks

Addressing the Supreme Court of the United States’ ruling in USPTO v. Booking.com B.V., the US Patent and Trademark Office (PTO) recently issued guidance on the examining procedures for “generic.com terms.” (Examination Guide No. 3-20, Generic.com Terms after USPTO v. Booking.com, October 2020.) Booking.com had been engaged in a prolonged battle to secure registration for...

Continue Reading



Cookie Trade Dress Infringement Case Crumbles in Face of Functionality Challenge


By on Oct 29, 2020
Posted In Trademarks

The US Court of Appeals for the Third Circuit found that trade dress protection did not extend to the design of a chocolate-dipped, stick-shaped cookie, because the product configuration was useful. Ezaki Glico Kabushiki Kaisha v. Lotte Int’l America Corp., Case No. 19-3010 (3d Cir. Oct. 8, 2020) (Bibas, J.). Ezaki Glico is a Japanese...

Continue Reading



No Remix: Copyright Act Preempts Right of Publicity Claim


By on Sep 9, 2020
Posted In Copyrights

The US Court of Appeals for the Second Circuit found that the federal Copyright Act preempts a state right of publicity claim when the latter is merely “a thinly disguised effort to exert control over an unauthorized [use of a copyrighted] work.” Jackson v. Roberts, Case No. 19-480 (2d Cir. Aug. 19, 2020) (Leval, J.)....

Continue Reading



For Your Information, Eighth Circuit Upholds Copyright Protection for Database Compilation


By on May 14, 2020
Posted In Copyrights

The US Court of Appeals for the Eighth Circuit addressed the copyright protection afforded to an information database and whether comments made to a reporter while litigation was ongoing violated the disparagement clause in a separation agreement. Ultimately, the Court affirmed a judgment against the defendant for copyright infringement and against its founder for breach...

Continue Reading



Ricky Martin’s “Vida” Lives On, but Plaintiff Will Get Another Shot at It


By on Apr 30, 2020
Posted In Copyrights

Addressing whether a copyright infringement claim should be dismissed with prejudice where the plaintiff failed to register his copyright prior to filing the lawsuit, the US Court of Appeals for the First Circuit held that dismissal is too harsh, remanding the case for consideration of whether the claim should be dismissed without prejudice or if...

Continue Reading



BLOG EDITORS

STAY CONNECTED

TOPICS

ARCHIVES