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August 1, 2026
Kim, Lahey & Killough Earns Ranking in Chambers USA for Intellectual Property Law in South Carolina B.C. Killough Receives Individual Recognition Kim, Lahey & Killough is proud to announce its recognition for expertise in intellectual property law in the 2026 edition of Chambers USA. The firm was ranked among the state’s leading intellectual property law […]
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May 31, 2023
ST BARTH® Prevails in Trademark Opposition Case Charleston intellectual property attorney B.C. Killough recently prevailed in a trademark opposition case before the Trademark Trial and Appeal Board in an opinion issued in May of 2023. The Board sustained opposition to the federal trademark registration of Poupette St Barth, which was deemed to be confusingly similar to the trademark […]
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December 30, 2021
SC Trademark Law Our 2021 annual update regarding Trademark Laws in South Carolina is now live on Thomson Reuters Practical Law website. The Q&A guide to South Carolina laws protecting trademarks addresses the governing of trademark registration, infringement, dilution, counterfeiting, unfair competition, and deceptive trade practices. For attorneys without access to Westlaw, a PDF of […]
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January 10, 2021
Australian Therapeutic Supplies Pty. Ltd. v Naked TM, LLC No. 2019-1567 Fed. Cir. December 4 , 2020 Circuit Judge Wallach, dissenting from denial of a petition for rehearing en banc. Naked and Australian both sell condoms. Pursuant to an “informal” settlement agreement, Australian agreed that it would not use or register the mark NAKED for […]
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January 6, 2021
Precedential No. 46: Registrant Proves Intent to Resume Use The service mark A.W. Shuck’s will continue to be registered to its Charleston owner by the U. S. Patent and Trademark Office (USPTO). Registered patent attorney B.C. Killough prevailed in a Trademark Trial and Appeal Board challenge to his client, Awshucks SC, LLC. The Board issued […]
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September 10, 2020
Facebook, Inc., v. Windy City Innovations, LLC Nos. 2018-1400, 2018-1401, 2018-1402, 2018-1403, 2018-1537,2018-1540, 2018-1541 Opinion Issued: March 18, 2020 Opinion Modified: September 4, 2020 Before Chief Judge Prost, with Circuit Judges Plager and O’Malley. Windy City Innovations, LLC (“Windy City”) filed a complaint accusing Facebook, Inc. (“Facebook”) of infringing certain patents. Exactly one year after […]
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August 9, 2020
Alacritech, Inc. v. Intel Corporation, Cavium, LLC, Dell, Inc. Nos. 2019-1467, 2019-1468 Fed. Cir. July 31, 2020 Before Circuit Judges Moore, Chen, and Stoll. Alacritech appealed the Patent Trial and Appeal Board’s decisions holding certain claims of U.S. Patent No. 8,131,880 unpatentable as obvious. The Court held that the Board did not adequately support its […]
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July 14, 2020
Fitbit, Inc. v. Valencell, Inc. No. 2019-1048 Fed. Cir. Before Circuit Judges Newman, Dyk, and Reyna. Apple petitioned the Board for IPR of claims 1–13. The Board denied review of claims 3–5. Fitbit filed an IPR petition for claims 1, 2, and 6–13 and moved for joinder with Apple’s IPR, which the Board granted. After […]
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June 14, 2020
Esip Series 2, LLC v. Puzhen Life USA, LLC No. 2019-1659 Fed. Cir. Before Circuit Judges Lourie, Reyna, and Hughes. The Court affirmed the decision of the Patent Trial and Appeal Board that certain claims of ESIP’s patent are invalid as obvious. The Court also rejected ESIP’s argument that the Board should not have instituted […]
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May 14, 2020
Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation No. 2018-2273 Fed. Cir. Before Circuit Judges Lourie, Moore, and Reyna. In this appeal from the Patent Trial and Appeal Board, the Court held that Argentum lacks Article III standing and dismissed the appeal. Standing requires that the Argentum “ suffered an injury in fact, that is fairly […]
