In early August the Federal Circuit issued its opinion in Bureau National Interprofessionnel Du Cognac v. Cologne & Cognac Entertainment, a trademark case that attracted an amicus brief. In this case, the Federal Circuit reviewed a judgment of the Trademark Trial and Appeal Board. As explained by the appellants, “[i]n a two-to-one split decision, the Board held registrable a mark prominently incorporating without permission the certification mark COGNAC, holding that the mark . . . , if used for hip-hop music and production services, was not likely to cause confusion or dilution.” The Federal Circuit vacated and remanded the judgment in an opinion authored by Judge Lourie that was joined by Judges Clevenger and Hughes. This is our opinion summary.
Update on Important Panel Activity
Here is an update on activity in cases pending before panels of the Federal Circuit where the case involves at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today with respect to these cases we highlight four recent opinions, four new cases, new briefing in three cases, and a recent oral argument. Here are the details.
Opinions & Orders – August 6, 2024
This morning the Federal Circuit released three precedential opinions, one nonprecedential opinion, and one erratum. The first precedential opinion affirms in part, vacates in part, and remands a judgment of the Court of Federal Claims in a veterans case. The second vacates and remands a judgment of the Trademark Trial and Appeal Board. The third affirms a judgment of the Central District of California in a patent case. The nonprecedential opinion affirms a judgment of the Patent Trial and Appeal Board. Here are the introductions to the opinions and a link to the erratum.
Update on Important Panel Activity
Here is an update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today with respect to these cases we highlight one new opinion in a veterans case and four new cases that attracted amicus briefs: a veterans case and three patent cases. We also highlight new briefing in two patent cases as well as recent oral arguments in a trademark case and veterans case. Here are the details.
Argument Recap – Bureau National Interprofessionnel Du Cognac v. Cologne & Cognac Entertainment
Last week, the Federal Circuit heard oral argument in Bureau National Interprofessionnel Du Cognac v. Cologne & Cognac Entertainment, a trademark case that attracted an amicus brief. In this case, the Federal Circuit is reviewing a judgment of the Trademark Trial and Appeal Board. As explained by the appellants, Bureau National Interprofessionnel Du Cognac and Institut National Des Appellations D’Origine, “[i]n a two-to-one split decision, the Board held registrable a mark prominently incorporating without permission the certification mark COGNAC, holding that the mark (combining the phrase COLOGNE & COGNAC ENTERTAINMENT and a design featuring, inter alia, a bottle of COGNAC), if used for hip-hop music and production services, was not likely to cause confusion or dilution.” Judges Lourie, Clevenger, and Hughes heard the argument. This is our argument recap.
Court Week – June 2024 – What You Need to Know
This week is Court Week at the Federal Circuit. In total, the court will convene 11 panels to consider 55 cases. Of these cases, the court will hear oral arguments in 42. The Federal Circuit is providing access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, two cases scheduled for oral argument attracted amicus briefs. Here’s what you need to know about these two cases.
Argument Preview – Bureau National Interprofessionnel Du Cognac v. Cologne & Cognac Entertainment
As we explained earlier this week, two cases that will be argued in June at the Federal Circuit attracted amicus briefs. The second of those cases is Bureau National Interprofessionnel Du Cognac v. Cologne & Cognac Entertainment. In this case, the Federal Circuit will review a judgment of the Trademark Trial and Appeal Board, which dismissed an opposition against Cologne & Cognac Entertainment’s mark. This is our argument preview.
Update on Important Panel Activity
Here is an update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today with respect to these cases we highlight three new opinions and dispositions in a Little Tucker Act case, a case appealed from the Merit Systems Protection Board, a takings case, and a patent case. We also highlight three new cases that attracted amicus briefs: a patent case, a trademark case, and a veterans case. We also highlight new briefing in four patent cases as well as recent oral arguments in a patent case and government contract case. Here are the details.