Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

Brief of Amicus Curiae NYIPLA in Support of Petitioner in v. U.S. Patent and Trademark Office, No. 18-1309 (S.Ct. May 16, 2019)

May 16, 2019
Author(s): Charles R. Macedo, David P. Goldberg, Christopher Lisiewski

NYIPLA Urges Supreme Court to Clarify the Definition of “Expenses” in Lanham Act.

On Thursday, May 16, 2019, the New York Intellectual Property Law Association (“NYIPLA”) filed an amicus brief in support of a petition for a writ of certiorari by B.V. urging the Supreme Court to decide whether a trademark applicant must pay the United States Patent and Trademark Office’s (“PTO”) attorneys’ fees as “expenses in United States district court appeals pursuant to 15 U.S.C. § 1071 (b)(3). The NYIPLA takes the position that the Supreme Court should grant certiorari in this case and consolidate it with Peter v. Nantkwest, No. 18-801 under Rules of the Supreme Court 27.

In support, the NYIPLA argued that raises the same issue as NantKwest, but challenges the statutory definition of “expenses” for the Trademark Act (15 U.S.C.) instead of the Patent Act (35 U.S.C.) […]

Click to download pdf: Motion For Leave To File Amicus Curiae Brief and Brief of New York Intellectual Property Law Association As Amicus Curiae In Support of Petitioner

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