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Recent Developments in U.S. Trademark and Unfair Competition Law (Jan. 15, 2025)

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This presentation will cover recent developments in United States trademark and unfair competition law over the trailing twelve months. Highlights will include the following:

  • the Supreme Court’s great muddying of the waters in Vidal v. Elster;
  • applications of the Court’s decisions in Jack Daniel’s Props., Inc. v. VIP Prods. LLC, 599 U.S. 140 (2023), and Abitron Austria GmbH v. Hetronic Int’l, Inc., 600 U.S. 412 (2023);
  • yet another accounting-of-profits dispute before the Court;
  • strange goings-on in the Middle District of Pennsylvania; and
  • the USPTO’s new fee schedule.


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Ted Davis

Partner, Kilpatrick Townsend

Kilpatrick Townsend

Ted Davis, Partner, Kilpatrick Townsend & Stockton. Ted Davis is a partner in the Atlanta office of Kilpatrick Townsend, where he has assisted clients in trademark, copyright, false advertising, and unfair competition matters since 1990. He is a current member of the American Bar Association’s Board of Governors and the American Intellectual Property Law Association’s Board of Directors; he also has served as Chair of the ABA’s Section of Intellectual Property Law and on the International Trademark Association’s Executive Committee. He frequently acts as an expert witness in trademark-related matters and is an adjunct professor at the Emory University School of Law.