68 Am. U. L. Rev. 1481 (2019).

*   Partner, Baker & Hostetler LLP.  J.D., University of Wisconsin Law School, with honors, 1987; B.A., University of Wisconsin-Madison, with distinction, 1984.

**   Partner, Baker & Hostetler LLP.  J.D., Temple University Beasley School of Law, cum laude, 1986; B.A., Ohio University, 1975.

The Authors would like to thank Lauren Stuy and Savannah Merceus, both of whom are incoming associates at Baker & Hostetler LLP for their invaluable assistance in preparing this Area Summary.

This Area Summary reflects the Authors’ current thoughts on the subject matter and should not be attributed, in whole or in part, to Baker & Hostetler LLP or any of its clients.  This Area Summary is not meant to convey legal opinions or legal advice of any kind.

Introduction

In 2018, the U.S. Court of Appeals for the Federal Circuit issued seven precedential trademark decisions.  Of these decisions, six were appeals from the Trademark Trial and Appeal Board (TTAB or “the Board”) and one was an appeal from the International Trade Commission (ITC).  While this number of cases nearly equals the number of trademark cases decided in 2016, it was less than the number of decisions in most other years—including the twelve decisions rendered in 2017.  Notably, in 2018, there were no significant decisions that impacted the practice of trademark law.

This Area Summary reviews all of the Federal Circuit’s 2018 precedential trademark decisions in detail below.