John W. Scruton
John Scruton is Counsel to the firm and based in its Louisville office. He has practiced intellectual property law for over 25 years. John's practice includes all phases of the trademark registration process, including clearing marks, prosecuting applications, and proceedings before the Trademark Trial and Appeal Board such as oppositions to pending trademark applications and actions to cancel existing registrations. He is also active in litigating trademark, copyright, patent, unfair competition and trade secret cases; negotiating and drafting licenses, assignments and other transactions involving trademark and copyrights; and counseling clients concerning intellectual property strategies.
Spring Cleaning for Your Intellectual Property
Stites & Harbison Thirsty Thursday Networking event, March 5, 2020
The Trouble with THE
Trademarkology blog, September 5, 2019
The College Admissions Scandal Crosses into Trademark Territory
Trademarkology blog, May 6, 2019
Ethical Issues in IP Matters: The Trademark Company, Matt Swyers, and the Office of Enrollment and Discipline
Mr. Met Regrets His Error, But Will Survive
Recent Developments in Intellectual Property Law—Trademark Law Update
Recent Developments in Intellectual Property Law—Trademark Law Update
Basics of Trademark Licensing
Regulation of False Advertising by the Federal Trade Commission
Part of a team defending a reseller of craft vinyl products against trademark infringement claims.
Part of a trial team that won a multimillion-dollar patent infringement verdict, including a finding of willful infringement, in a case involving simulated neon sign technology
Defended local healthcare facility against trademark infringement claims raised by out-of-state health insurance company
Assisted manufacturer of commercial beverage equipment with selection and protection of trademarks in the U.S. and internationally under the Madrid Protocol
The Fabulous Leopard Percussionists, Inc., Board Member
Yale in Kentucky, Board Member
First Unitarian Church of Louisville, Member
UCLA School of Law
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John M. Olin fellow for the study of law and economics
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Order of the Coif
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Graduated fifth in his class
Yale University
From 1986 to 1995, Mr. Scruton was an associate in the Los Angeles office of Sidley & Austin, an international law firm based in Chicago. He was a member of the firm's litigation group and worked on a wide variety of matters, including a series of condominium construction defect/land subsidence cases, partnership disputes, environmental and toxic tort matters, Drexel Burnham Lambert litigation, and a series of cases involving the Americans with Disabilities Act.
John is a member of the board of The Fabulous Leopard Percussionists, Inc. (a non-profit children's music group), Teach Kentucky (a charitable organization that recruits new teachers) and Yale in Kentucky (the local alumni association). He is on the Steering Committee for Highland Youth Recreation, a non-profit recreational sports league operated by Highlands Community Ministries. He is also active in leadership positions at First Unitarian Church of Louisville.
John plays traditional music on the guitar and banjo, and enjoys photography.
Supreme Court Rules Proof of Willfulness Not a Precondition to Profits in Trademark Infringement Actions
On April 23, 2020, the United States Supreme Court resolved a circuit split and held that plaintiffs in Lanham Act trademark infringement cases do not need to show the defendant infringed willfully in order to recover the defendant’s profits.
Spring Cleaning for Your Intellectual Property
Time: 12:00 p.m. - 1:00 p.m.
WEBINAR
Attorneys John Scruton and Nick Stewart will discuss suggestions on how to make your business's IP portfolio even better in 2020.
The Trouble with THE
You may have heard by now that a certain Midwestern university that gets a lot of attention in this blog has filed an application to register the word THE as a trademark.
The College Admissions Scandal Crosses into Trademark Territory
By now you are no doubt familiar with the current college admissions scandal. After a few weeks of celebrities and other wealthy folks being embarrassed, being criminally charged, and pleading to those charges, a trademark issue finally surfaced in the popular press.
Chuck Taylor Shows a Big Benefit of Registration
The iconic Chuck Taylor sneaker was involved in a recent case that has the attention of trademark watchers. The bone of contention was the familiar look of the Chuck Taylor sneaker worn by generations of American kids (and adults), and whether shoes imported by Skechers and others were infringing.
Does Ohio State Own the O?
We recently looked at the idea of state universities claiming a (limited) monopoly on the right to use the name of their state on clothing and other items. At first blush it seems surprising that anyone can have the exclusive right to a state name, but trademark law allows it in the right circumstances, and with limitations.
Watch Out for Trademark Registration Scams
One of the facts of modern life is that you will be the target of scams. Sometimes it's the son of the former defense minister of Nigeria. Sometimes it's someone trying to trick you into paying them money to do something with your trademark.
Registration of State Names as Trademarks
Collegiate licensing is a big deal these days. Lots of alumni and fans of college teams want to wear clothing bearing the marks of their alma mater or their favorite team.