Booking B.V. v. The United States Patent and Trademark Office, 4th Cir., No. 17-2459, amicus brief filed 3/19/2018.
The Patent and Trademark Office has incorrectly interpreted the Lanham Act as requiring an award of attorneys' fees, win or lose, to the agency in district court proceedings reviewing decisions of the Trademark Trial and Appeal Board.
On its face, the statutory phrase “all expenses of the proceeding” found in Section 21(b)(3), 15 U.S.C. 1071(b)(3), does not include attorneys’ fees, which are addressed in Section 35 of the Lanham Act, 15 U.S.C. § 1117. Section 21(b)(3) neither defines “expenses” nor otherwise indicates that the word includes reimbursement of PTO fixed costs. The Supreme Court has held that interpretations of the law that depart from common law must be supported by clear and explicit language that Congress intended to do so, and there is no such support for the PTO interpretation of this language.
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2025 Women in IP Law Global Networking Event
April 3, 2025
The annual Global Networking Event connects intellectual property practitioners from around the world for a day of networking, education, and creating meaningful connections. This year’s theme, Innovation and Collaboration, is an opportunity for the AIPLA Women in IP Law Committee to come together and discuss how women drive innovation and foster collaboration in their workplace. -
World IP Day 2025
April 30, 2025 4:00 PM to 7:00 PM
Join AIPLA and partner organizations on April 30 in Washington, DC, for a special three-hour program to celebrate World Intellectual Property Day 2025. This annual international event is an opportunity to learn about the role that intellectual property (IP) rights play in encouraging innovation and creativity. The theme of this year’s celebration is “IP and Music: Feel the Beat of IP.”