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The Blue Turf of Boise State: On “Service” Dress and the Creation of Source Identification

As we’ve written about in prior posts, it’s possible under U.S. trademark law for distinctive visual element(s) to become a trademark, i.e., an identifier of source for a particular party’s goods or services....more

Design Patents are Heating Up at the Federal Circuit, Again

Last week, in a precedential decision, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. In the decision, captioned Columbia Sportswear...more

A Trademark Guide to the Metaverse for Averse Brand Owners

Introduction - Recent technological developments have made topics like the metaverse, Web3, blockchain, and non-fungible tokens (NFTs) commonplace. But nothing about these topics is common....more

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