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A recent, precedential, decision from the Trademark Trial and Appeal Board (TTAB) addressed the issue of acquired distinctiveness for descriptive marks listed on the Supplemental Register. This ruling has notable implications for trademark practitioners and businesses alike. State Permits, Inc. v. Fieldvine, Inc., Cancellation No. 92075095 (August 16, 2024). Key Takeaways from the Decision The…

We are thrilled to announce that Jonathan Francis has joined Phillips & Bathke, P.C. as an Of Counsel attorney. Jonathan brings a wealth of experience in intellectual property and civil litigation, gained from his time in both small and “big law” environments. As the third “Jo(h)n” at our Firm, he adds a distinctive edge to…

Grain Belt Express Clean Line, LLC was once again thwarted in its attempts to build a direct current transmission line. The crucial step for such a project is securing a Certificate of Public Convenience and Necessity (CPCN) from the Illinois Commerce Commission. In the end, the new company simply could not show it had the…

The Illinois General Assembly introduced a significant new laws (and now regulations) aimed at improving worker benefits through the Paid Leave for All Workers Act. This law, codified under 820 Ill. Comp. Stat. 192, mandates that private employers provide paid leave to their employees, marking a substantial shift in how businesses manage employee time off….

Phillips & Bathke, P.C. represents both individuals and companies that provide freelance services for others as well as companies retaining those freelancers. And, for those clients in Illinois, it is important to note the passage and implementation of a new law. The Illinois Freelance Workers Protection Act, Illinois Public Act 103-0417, which became effective on…

On May 8, 2024, Firm founder Jonathan Phillips filed a lawsuit against The Stack System GP, Inc., the company offering the Stack System line of Overspeed Training Products. The Complaint, available HERE, details allegations of misleading and false portrayals of results in Stack System’s advertising and marketing materials.

We are pleased to announce a favorable ruling for our client in a case before the United States District Court for the Eastern District of Michigan. When the defendant in that case failed to comply with the terms of the settlement agreement, the Firm successfully obtained an order enforcing the settlement agreement. The suit stemmed…

Doug Isenberg’s GigaLaw is one of the great resources for intellectual property attorneys to keep on top of domain name dispute data. He publishes a quarterly digest of data on domain name disputes. Gigalaw’s 2023 digest for quarter three has a few things to note. First, filings jumped 18 percent in quarter three. Second, nearly…