Kathleen Lynch
Subscribe to Kathleen Lynch's PostsKathleen (Kat) Lynch focuses her practice on intellectual property litigation and trademark enforcement matters. Read Kat Lynch's full bio.
Burst That Bubble: Specific Knowledge Necessary to Prove Contributory Trademark Infringement
By Sarah Bro and Kathleen Lynch on Aug 3, 2023
Posted In Trademarks
The US Court of Appeals for the Ninth Circuit addressed contributory trademark infringement for the first time, finding that specific knowledge is required for liability to attach. Y.Y.G.M. SA, DBA Brandy Melville v. Redbubble, Inc., Case Nos. 21-56150; -56236 (9th Cir. July 24, 2023) (Callahan, Nelson, Thomas, JJ.) Brandy Melville manufactures clothing and home goods...
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Reissue Boat Won’t Float: “Original Patent” Rule Sinks New Floating Grill Claims
By Kathleen Lynch on Jul 20, 2023
Posted In Patents
Addressing the same invention requirement for reissue patents, the US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board decision to reject an overly broad reissue application. In re Float‘N’Grill LLC, Case No. 22-1438 (Fed. Cir. July 12, 2023) (Prost, Linn, Cunningham, JJ.) Float‘N’Grill (FNG) owned a patent directed to...
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Elevate the $: Geographic Isolation Helps Defeat Trademark Infringement Claim
By Kathleen Lynch on May 25, 2023
Posted In Trademarks
In a case between similarly named banks, the US Court of Appeals for the Tenth Circuit confirmed expert disclosure requirements, conducted a de novo likelihood of confusion analysis and ultimately upheld a finding of no trademark infringement. Elevate Federal Credit Union v. Elevations Credit Union, Case No. 22-4029 (10th Cir. May 10, 2023) (Bacharach, Moritz,...
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No Spark Here: TTAB Refuses to Register Similar Mark for Real Estate Services
By Kathleen Lynch on Apr 27, 2023
Posted In Trademarks
The US Court of Appeals for the Federal Circuit upheld the Trademark Trial & Appeal Board’s refusal to register a mark due to the “close similarity” between the applied-for mark and a previously registered mark. In Re: Charger Ventures LLC, Case No. 22-1094 (Fed. Cir. Apr. 13, 2023) (Prost, Reyna, Stark, JJ.) Charger Ventures applied...
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No One Likes a Sore Winner: IPR Prevailing Party Can’t Appeal
By Kathleen Lynch on Mar 23, 2023
Posted In Patents
Reaffirming precedent, the US Court of Appeals for the Federal Circuit reiterated the rule that the prevailing party in an inter partes review (IPR) cannot appeal a Patent Trial & Appeal Board decision. Termax Co. v. Illinois Tool Works, Inc., Case Nos. 23-1252; -1254 (Fed. Cir. Mar. 8, 2023) (Dyk, Reyna, Chen, JJ.) Illinois Tool...
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Nothing Lasts for Everly, Not Even Copyright Co-Authorship Rights
By Kathleen Lynch on Feb 23, 2023
Posted In Copyrights
Addressing a novel issue, the US Court of Appeals for the Sixth Circuit ruled that a statute of limitations can time-bar a defense in narrow circumstances where a defendant uses it to seek affirmative relief. Garza v. Everly, Case No. 21-5530 (6th Cir. Feb. 10, 2023) (Bush, Guy, JJ.) (Murphy, J., concurring). After successful careers...
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Your Gang Did What!? No Matter—No Forfeiture of IP
By Kathleen Lynch on Jan 26, 2023
Posted In Trademarks
In a unique case blending intellectual property and criminal law, the US Court of Appeals for the Ninth Circuit agreed that a district court properly exercised jurisdiction over a motorcycle club and upheld the lower court’s finding that the club did not have to forfeit its collective membership marks. United States v. Mongol Nation, Case...
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More Delays: Appeal Dismissed under Collateral Order Doctrine
By Kathleen Lynch on Jan 12, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit dismissed a patent holder’s interlocutory appeal for lack of jurisdiction under the collateral order doctrine. Modern Font Applications LLC v. Alaska Airlines, Inc., Case No. 21-1838 (Fed. Cir. Dec. 29, 2022) (Reyna, Cunningham, JJ.) (Newman, J., dissenting). Modern Font Applications (MFA) is a nonpracticing entity that...
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Functionality Dooms Alleged Trade Dress Protection
By Kathleen Lynch on Nov 29, 2022
Posted In Trademarks
The US Court of Appeals for the Eighth Circuit affirmed summary judgment of noninfringement in a trade dress suit, finding that the trade dress was functional and the attorneys’ fee award—as diminished by the district court—was appropriate. Pocket Plus, LLC v. Pike Brands, LLC, Case No. 21-3414 (8th Cir. Nov. 15, 2022) (Gruender, Melloy, Erickson,...
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Not So Clean: Federal Circuit Upholds Trade Dress Preliminary Injunction, Finds Defenses Improperly Plead
By Kathleen Lynch on Nov 17, 2022
Posted In Trademarks
The US Court of Appeals for the Federal Circuit upheld a “narrow” preliminary injunction in a trade dress case, finding that the opponent of a registered configuration mark failed to prove its lack of secondary meaning and functionality defenses. SoClean, Inc. v. Sunset Healthcare Solutions, Inc., Case No. 21-2311 (Fed. Cir. Nov. 9, 2022) (Newman,...
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