In the world of trademark litigation, surveys play a crucial role in tackling issues like confusion, secondary meaning, and dilution. However, the timing of survey disclosures often sparks heated debates, as neither side...more
7/25/2025
/ Dilution ,
Evidence ,
Expert Reports ,
Expert Testimony ,
Expert Witness ,
Federal Rules of Civil Procedure ,
Rebuttal ,
Rules of Civil Procedure ,
Surveys ,
Trademark Litigation ,
Trademarks
To be eligible for trademark registration, a color must have acquired distinctiveness and must not be functional. Recently, the Federal Circuit discussed the importance that a color mark not be functional. ...more
Color trademarks have traditionally been difficult to obtain. Of the over 4 million trademark registrations, there were less than 1000 color trademarks as of 2019. To be eligible for trademark registration, a color must have...more
The United States Patent and Trademark Office ("PTO") has issued its Final Rule adjusting filing fees at all stages of the trademark application and maintenance filing process. The new fees will take effect on January 18,...more
Earlier this year, the Haas F1 Team announced it would compete in the 2024 Formula One Championship without the leadership of its former principal Guenther Steiner. Following this separation, Steiner sued his former team for...more
5/10/2024
/ Advertising ,
Endorsements ,
Fair Use ,
Goods or Services ,
Likelihood of Confusion ,
Name and Likeness ,
Photographs ,
Popular ,
Sponsors ,
Sports ,
Trademark Infringement ,
Trademarks
Two of the busiest airports in the United States are battling with their smaller counterparts to retain trademark rights in the name of the major cities the airports serve. While the smaller airports want to capitalize on...more
In the second quarter of 2020, the Supreme Court decided five intellectual property focused cases in which it resolved a longstanding circuit split in Romag Fasteners and opened the door to the trademark registration of...more
7/21/2020
/ Attorney's Fees ,
Lanham Act ,
Lucky Brand Dungarees v Marcel Fashion Group ,
Nike ,
Patent Trial and Appeal Board ,
Patents ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO
Introducing the IP Litigation Quarterly Update, a quarterly newsletter summarizing noteworthy and interesting opinions related to intellectual property law.
In this first edition covering the first quarter of 2020, the...more
5/12/2020
/ Copyright ,
Corporate Counsel ,
Design Patent ,
Inter Partes Review (IPR) Proceeding ,
Joinder ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Petition for Writ of Certiorari ,
Prior Art ,
Settlement Agreements ,
Sovereign Immunity ,
Time-Barred Claims ,
Trademarks
The Supreme Court granted certiorari in two trademark cases on June 28, 2019, adding them to its docket for next term.
Romag Fasteners, Inc. v. Fossil, Inc., et al. concerns whether, under Section 35 of the Lanham Act, 15...more
7/3/2019
/ Certiorari ,
Defense Strategies ,
Inter Partes Review (IPR) Proceeding ,
Lanham Act ,
Patent Applications ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Res Judicata ,
SCOTUS ,
Split of Authority ,
Time-Barred Claims ,
Trademark Litigation ,
Trademarks ,
USPTO ,
Willful Infringement