Elizabeth Teter

Subscribe to Elizabeth Teter's Posts
Elizabeth (Liz) Teter focuses her practice on complex intellectual property litigation matters. She has experience drafting pleadings, motions and appellate briefs, and discovery requests and responses and preparing clients for depositions and trials. She also maintains an active pro bono practice. Read Elizabeth Teter's full bio.

Standing Challenge Brews Trouble in Trademark Dispute


By on Nov 4, 2021
Posted In Trademarks

Addressing for the first time Article III standing in a trademark case, the US Court of Appeals for the Federal Circuit held that hypothetical future injury is insufficient to establish standing to oppose a trademark application. Brooklyn Brewery Corp. v. Brooklyn Brew Shop, LLC, Case No. 20-2277 (Fed. Cir. Oct. 27, 2021) (Dyk, J.) Brooklyn...

Continue Reading



TTAB Cancellation Proceedings Not Preclusive in District Court, Even Between Same Parties


By on Sep 30, 2021
Posted In Trademarks

Addressing the preclusive effect of judgments by tribunals with limited jurisdiction, the US Court of Appeals for the Third Circuit held that trademark cancellation proceedings before the Trademark Trial & Appeal Board (TTAB) do not have preclusive effect against trademark infringement lawsuits in federal district courts. Beasley v. Howard, Case No. 20-1119 (3d Cir. Sept....

Continue Reading



Employee Agreement of What “Shall Be” is Future Promise, Not Present Assignment


By on Aug 12, 2021
Posted In Patents

The US Court of Appeals for the Federal Circuit concluded that university bylaws did not automatically effectuate a present automatic assignment of patent rights and affirmed the district court’s denial of a motion to dismiss for lack of standing by the transferee. Omni MedSci, Inc. v. Apple Inc., Case No. 20-1715 (Fed. Cir. Aug. 20,...

Continue Reading



Use is ACTUALLY Measured by Benefit


By on May 13, 2021
Posted In Trademarks

Addressing whether a service mark owner had established a protectable interest in his marks through actual or analogous use, the US Court of Appeals for the 10th Circuit reversed in part the district court’s grant of summary judgment for the alleged infringer, explaining that by focusing on sales, the district court applied the wrong legal...

Continue Reading



Waiver in PTO Trademark Appeals Applies “Per Decision, Not Per Case”


By on Mar 24, 2021
Posted In Trademarks

Addressing a “narrow question of statutory interpretation,” the US Court of Appeals for the Fourth Circuit reversed the district court’s dismissal of a trademark case for lack of subject matter jurisdiction, holding that a party that appeals a Trademark Trial & Appeal Board (TTAB) decision to the US Court of Appeals for the Federal Circuit...

Continue Reading



Colorful Non-Functionality Argument Misses the (Design) Mark


By on Mar 4, 2021
Posted In Trademarks

Addressing the functionality of colors in design marks, the US Court of Appeals for the Second Circuit reversed the district court’s entry of judgment for a trademark owner on its unfair competition and trademark claims, ruling that where color is used as an indicator of size or parts matching, it is functional and does not...

Continue Reading



2020 IP Law Year in Review: Patents


By , , , and on Jan 28, 2021
Posted In Patents

Executive Summary In 2020, the US Supreme Court and Court of Appeals for the Federal Circuit continued to refine key aspects of intellectual property law on issues that will have an impact on litigation, patent prosecution and business strategy. This Special Report discusses some of the most important decisions. The Federal Circuit issued several panel...

Continue Reading



“Icy” Guidance on Polaroid Factors


By on Dec 3, 2020
Posted In Trademarks

In a “somewhat unusual” trademark case involving directly competing products and marks using the same words, the US Court of Appeals for the Second Circuit reversed in part and affirmed in part the grant of summary judgment for the accused infringer on trademark infringement and dilution claims. The Court found that the similarity of the...

Continue Reading



BLOG EDITORS

STAY CONNECTED

TOPICS

ARCHIVES