Good Mediators Don’t Grow on Trees

Today, most disputes that are the subject of civil lawsuits are mediated prior to trial.  As a result, increasingly businesspeople and other individuals who generally are not accustomed to dispute resolution processes are having to learn how to go about finding a mediator for their case.  While there usually are many mediators available within a […]

Trademark Law Update: Paying Attorneys’ Fees—Even When You Win

In a recent opinion, the US Circuit Court of Appeals for the Fourth Circuit held that the provisions of the Lanham (Trademark) Act permitting appeal of ex parte decisions of the Trademark Trial and Appeal Board to a federal district court require the appealing trademark owner to pay the USPTO’s attorneys’ fees and costs—even if […]

Fewer Bites at the Apple for Trademark Registration Issues?

A party usually gets one chance to establish or dispute a claim, and then one chance to appeal as of right.  The application of that rule in a late March decision from the U.S. Supreme Court has trademark lawyers re-thinking the interplay between proceedings before the Trademark Trial and Appeal Board (TTAB) and federal courts […]