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Katherine (Kathy) Tabor focuses her practice on intellectual property protection and transactional work. In particular, she has more than 25 years of experience advising clients on trademark selection, clearance, prosecution, as well as strategic portfolio development and management. Kathy regularly advises clients on the acquisition of domain names, portfolio monitoring and enforcement through litigation and Uniform Domain Name Resolution Policy (UDRP) proceedings. She also counsels clients on advertising, social media, internet and product packaging issues. Kathy further provides guidance on intellectual property issues relating to licensing, strategic alliances, joint ventures, and mergers and acquisitions. Read Katherine (Kathy) Tabor's full bio.

The US Court of Appeals for the Seventh Circuit held that a brewing company’s statements that a competitor’s beers were made with corn syrup were not false and misleading under the Lanham Act because the competitor listed corn syrup as an ingredient in its beers. Molson Coors Beverage Co. USA LLC v. Anheuser-Busch Cos., LLC, Case Nos. 19-2200, -2713, -2782, -3097, -3116 (7th Cir. May 1, 2020) (Easterbrook, J.).

Continue Reading Light Beer Sweetener – Not So Sticky After All

The US Court of Appeals for the Seventh Circuit affirmed a district court finding that a trade dress for a conveyor belt fastener was invalid as functional because its utilitarian advantages were disclosed in patents, advertising materials and internal corporate documents. Flexible Steel Lacing Co. v. Conveyor Accessories, Inc., Case No. 19-2035 (7th Cir. Apr. 7, 2020) (Ripple, J.).

Continue Reading Belt Fastener Trade Dress Conveyed as Invalid for Being Functional

Addressing the issue of personal jurisdiction in a trademark infringement case, the US Court of Appeals for the Seventh Circuit reversed the district court and concluded that the plaintiff had made a prima facie showing that defendants, who had no physical presence in the forum state, were subject to personal jurisdiction based on sales to consumers through an interactive website. Charles Curry d/b/a/ Get Diesel Nutrition v. Revolution Labs. LLC, Case No. 17-2900 (7th Cir. Feb. 10, 2020) (Ripple, J).

Continue Reading Internet Sales Lead to Personal Jurisdiction Despite No Physical Presence