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.
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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TTAB Judicial Appointments are Determined Constitutionally Sound
By Eleanor B. Atkins 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...
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Don’t Be So Dramatic: True Crime Docudrama Doesn’t Violate Right of Privacy
By Eleanor B. Atkins 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...
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There’s No Sugarcoating It: Pocky’s Cookie Design Trade Dress Is Functional
By Eleanor B. Atkins 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...
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2020 IP Law Year in Review: Trademarks
By Sarah Bro and Eleanor B. Atkins 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,...
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