Partner Dyan Finguerra-DuCharme, a co-chair of Pryor Cashman's Trademark Group, discussed her 2021 wishlist for intellectual property law with IPWatchdog. Here's what she said:
I would love it if the USPTO could finally develop specific and effective guidelines for the review of trademark specimens. While some measures have been introduced, the fraudsters have become more sophisticated by posting phony listings on secondary sources, such as Amazon. Trademark examiners routinely accept these screenshots because they meet the Lands' End test even though the product packaging displayed is obviously digitally altered. The Trademark Office should push back when these specimens are submitted by foreign applicants and require submission of another specimen showing the use of the mark in U.S. commerce or require that the applicant respond to specific requests for information to establish whether there is actual use in commerce.
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