The U.S. Court of Appeals for the Federal Circuit held that the test for determining whether a word mark is generic also applies to color marks....more
5/6/2025
/ Appeals ,
CAFC ,
Color Marks ,
Generic Marks ,
Goods or Services ,
Intellectual Property Protection ,
Lanham Act ,
Trade Dress ,
Trademark Application ,
Trademark Litigation ,
Trademark Trial and Appeal Board ,
Trademarks
The Supreme Court vacates a decision treating a company and its affiliates as "one and the same" for purposes of disgorging profits for trademark infringement under the Lanham Act, but leaves many questions unaddressed....more
3/5/2025
/ Affiliates ,
Corporate Governance ,
Damages ,
Dewberry Group Inc v Dewberry Engineers Inc ,
Disgorgement ,
Intellectual Property Protection ,
Lanham Act ,
Piercing the Corporate Veil ,
Profits ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated
The U.S. Patent and Trademark Office ("USPTO") will raise trademark fees across the board and introduce new application surcharges starting January 18, 2025....more
Scams related to U.S. trademark filings are becoming more common and sophisticated, making these scams increasingly difficult for trademark owners to identify....more
In a closely watched trademark infringement case, the Supreme Court of the United States held that when an alleged infringer uses a trademark as a source identifier for the infringer's own products, the First Amendment does...more
6/19/2023
/ Dilution ,
First Amendment ,
Free Speech ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Likelihood of Confusion ,
Rogers Test ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Ownership ,
Trademarks
In a closely watched trademark infringement case involving non-fungible tokens ("NFTs"), a jury found that the sale of digital images of Hermès's Birkin bags as NFTs infringed and diluted Hermès's trademarks....more
2/14/2023
/ Artistic Works ,
Consumer Confusion ,
Digital Assets ,
Dilution ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
First Amendment ,
Intellectual Property Protection ,
Investment Opportunities ,
Non-Fungible Tokens (NFTs) ,
Smart Contracts ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
CJEU Decision -
In Maxxus Group GmbH v Globus Holding GmbH C‑183/21, the CJEU was asked whether German procedural rules were consistent with Article 19 of the Directive (EU) 2015/2436 on revocation of trademark rights for...more
NFTs are verifiable cryptographic tokens, which can act as a form of digital receipt. NFTs can also be used to evidence the authenticity, ownership, and provenance of real-world tangible items, such as artwork and real...more
This year kicked off with new tools to help brand owners protect and enforce their marks.
The use of a trademark in commerce is an important aspect of U.S. trademark law; however, an increasing number of trademark...more
Signed into law in July of 1946, the Lanham Act has, for 75 years, governed U.S. trademark, servicemark, and unfair competition matters. In this edition of the Jones Day Talks Women in IP series, Meredith Wilkes, Anna Raimer,...more
6/24/2021
/ Dilution ,
Domain Names ,
Intellectual Property Protection ,
Lanham Act ,
Service Marks ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Modernization Act (TMA) ,
Trademarks ,
Unfair Competition ,
Willful Infringement
Statistics from 2018 reveal that .03% of trademark applications were paper filed. As such, effective February 15, 2020, paper trademark filings are no longer an option. The United States Patent and Trademark Office ("USPTO")...more
2/20/2020
/ Electronic Filing ,
Email ,
New Rules ,
Trademark Application ,
Trademark Electronic Application System (TEAS) ,
Trademark Examination ,
Trademark Examination Guide ,
Trademark Ownership ,
Trademark Registration ,
Trademark Specimen ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO