Intellectual Property Case Tracker

IP Case Tracker: In re Lucien G. Lallouz

McBrayer PLLC — Mon, 20 Apr 2026 04:00:00 GMT

The Board reversed a refusal to register of the mark CASA BLANCA for distilled spirits, namely, spirits distilled from the blue tequilana weber variety of agave plant that had been refused registration on the basis of a perceived likelihood of confusion with CASABLANCA for wine. Finding that the mark CASABLANCA was “highly suggestive” and that it was insufficient evidence that the types of alcoholic beverages were related, the Board permitted registration of CASA BLANCA.

Thaler v. Permutter

McBrayer PLLC — Mon, 20 Apr 2026 04:00:00 GMT

Supreme Court declines to entertain argument that AI-created work eligible for copyright registration.

Cox Communications, Inc. v. Sony Music Entertainment

McBrayer PLLC — Mon, 20 Apr 2026 04:00:00 GMT

The United States Supreme Court unanimously held that an online service provider cannot be liable for copyright infringement simply because it knows infringement is occurring and does not immediately terminate a user’s access.

IP Case Tracker: In re Genuine Risk

McBrayer PLLC — Mon, 20 Apr 2026 04:00:00 GMT

McBrayer’s own Jack Wheat received a favorable opinion from the TTAB, resulting in registration of GOOD TIMES in connection with bourbon. The USPTO cited five registrations containing the component GOOD TIMES, all by different owners, as bars to registration of GOOD TIMES for bourbon. Finding that the component “good times” was conceptually weak because of these third party marks, the Board reversed the refusal to register.

IP Case Tracker - In re Prim LLC

McBrayer PLLC — Mon, 20 Apr 2026 04:00:00 GMT

The Board reversed a refusal to register the mark HOUSE OF PRIM for goods and services related to home organization and design, finding that confusion was not likely in connection with PRIM for home organization services. The Board found that a prior settlement between the applicant and the cited registrant outweighed all other likelihood of confusion factors, stating that the tenth DuPont factor, the market interface between the applicant and registrant factor, took precedent. In the settlement agreement, the owners of the mark agreed that the applicant’s mark would not create confusion; the Examining Attorney argued that the settlement agreement did not function as a consent to registration of the applications, but the Board observed that there was no authority requiring a consent agreement to discuss all relevant factors. Thus, the Board gave substantial weight to the settlement agreement and permitted weight of the mark.

In re Solace Cine LLC

McBrayer PLLC — Mon, 30 Mar 2026 04:00:00 GMT

The Board recently affirmed the refusal of several marks because the applicant provided their counsel’s law firm address as their domicile without stating it was their principal place of business.

IP Case Tracker - Catholic Charities v. Whitmer

McBrayer PLLC — Mon, 30 Mar 2026 04:00:00 GMT

The Sixth Circuit Court of Appeals held a state-level ban on certain professional speech unconstitutional under the First Amendment.

Allen v. Perlmutter

McBrayer PLLC — Mon, 30 Mar 2026 04:00:00 GMT

District of Colorado considering use of generative artificial intelligence tools in conjunction with human inputs as registerable for copyright protection.

In re Princeton Equity Group LLC

McBrayer PLLC — Mon, 30 Mar 2026 04:00:00 GMT

If you are building a brand around a geographic location, you must establish "acquired distinctiveness" early.

In re FirstEnergy Corp.

McBrayer PLLC — Mon, 30 Mar 2026 04:00:00 GMT

The Sixth Circuit granted a rare writ of mandamus regarding a discovery dispute, emphasizing the protections of attorney-client privilege during complex corporate litigation.