Highlights of Opinions Affecting PTO Practice

Jeffrey M. Samuels, University of Akron School of Law
Linda B. Samuels

Abstract

Developments relating to trade dress protection for product designs, “phantom-mark” practice and standing to oppose highlighted the past year's Federal Circuit and PTO trademark decisions. The Trademark Trial and Appeal Board also issued a number of significant opinions relating to the issues of genericness and the “disparagement” prong of Section 2(a) of the Lanham Act, including its long-awaited decision on a petition to cancel the REDSKINS registration.