The explosion of artificial intelligence (AI) offerings and integrations in recent years has sent sepia-toned twentieth-century legal doctrines scrambling to keep up with decidedly technicolor twenty-first century technology....more
Luxury goods titan Hermès has been handed a major victory in its pioneering lawsuit involving trademark infringement through non-fungible tokens (“NFTs”). A federal jury in Manhattan recently found that an artist’s NFT...more
The last year has seen urgent discussions concerning racism, discrimination, police violence, inequality, and social justice come to the forefront of life in the United States. Corporate America – and its brands – responded...more
4/21/2021
/ Abandonment ,
Black Lives Matter ,
Corporate Branding ,
Corporate Culture ,
First Amendment ,
Free Speech ,
Human Rights ,
Iancu v. Brunetti ,
Intellectual Property Protection ,
Matal v Tam ,
Race Discrimination ,
Race Relations ,
Rebranding ,
Social Media ,
Trademarks ,
USPTO
On December 21, 2020, Congress passed the Consolidated Appropriations Act, 2021 and the act was signed into law on December 27, 2020. But don’t let the bland title fool you. Buried among the government funding and coronavirus...more
On December 21, 2020, Congress passed the Consolidated Appropriations Act, 2021 and the act was signed into law on December 27, 2020. But don’t let the bland title fool you. ...more
In a case “test[ing] the limits of the extraterritorial application of the Copyright and Lanham Acts,” the D.C. Circuit affirms the dismissal of design-your-own pizza restaurant &pizza’s lawsuit against an Edinburgh-based...more
The Ninth Circuit rules in favor of furniture designer Herman Miller in its trade dress infringement suit against a copycat manufacturer of knockoff Eames and Aeron office chairs. The court affirms a jury finding that the...more
The United States Patent & Trademark Office (USPTO) issues new guidance for trademark applications covering certain cheese and processed meat products when an applied-for mark includes geographic wording that does not...more
The United States Patent & Trademark Office (“USPTO”) announces a new prioritized trademark examination program for certain trademark applications covering COVID-19 related products and services. ...more
Brand owners seeking to register cannabis-related trademarks take note: the U.S. Patent and Trademark Office (USPTO) recently issued guidance regarding the effects of the 2018 Farm Bill on the registration of trademarks for...more
6/4/2019
/ Brand ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Farm Bill ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
GRAS ,
Hemp ,
Intellectual Property Protection ,
Lanham Act ,
Marijuana Related Businesses ,
Marijuana-Infused Edibles ,
Trademark Registration ,
Trademarks ,
USPTO
The maker of the Tieks ballet flat Gavrieli Brands walked away with over $2.1 million when a federal jury found Soto Massini’s competing designs infringed on Tieks’ patents and trade dress....more
5/14/2019
/ Design Patent ,
False Advertising ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Trade Dress ,
Unjust Enrichment ,
Willful Infringement
The Northern District of California recently released an order that sheds new light on how courts grapple with the constantly-increasing use of trademarks as hashtags....more
For any baseball fans already preparing to capitalize when their favorite team wins their next World Series game, you may strike out before getting up to bat at the Trademark Trial and Appeal Board (“TTAB”) in the United...more