Earlier this month, the Pantone Color Institute announced its Color of the Year for 2025, Pantone No. 17-1230 Mocha Mousse – a cozy, warm brown evoking the indulgent qualities of chocolate and coffee. ...more
Earlier this month, the Pantone Color Institute announced its Color of the Year for 2023, Pantone No. 18-1750 "Viva Magenta" (think a brighter, more berry version of red velvet cake).
In selecting the color representing...more
Thank you for reading the December 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Pantone's 2023 Color of the Year and a preliminary ruling in Europe regarding an online marketplace's...more
12/29/2022
/ Advertising ,
Amazon ,
Amazon Marketplace ,
Brand ,
Christian Louboutin ,
Color Marks ,
Counterfeiting ,
Court of Justice of the European Union (CJEU) ,
EU ,
Intellectual Property Protection ,
Online Marketplace ,
Trademark Infringement ,
Trademark Registration ,
Trademarks
Last month, the Pantone Color Institute extended its influence on consumer tastes and designs by naming “Very Peri” as its Color of the Year for 2022. Rather than selecting a color from its existing and extensive palette, the...more
Happy New Year! We’re excited to share the January 2022 issue of Sterne Kessler's MarkIt to Market® newsletter in a newly updated format. This month’s articles discuss the Pantone Color Institute's 2022 Color of the Year –...more
1/28/2022
/ Brand ,
Color Marks ,
Dilution ,
Dispensaries ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Marijuana Related Businesses ,
Medical Marijuana ,
Spotify ,
Trade Dress ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks
For over 20 years, Pantone’s Color of the Year has influenced consumer tastes and product design in industries where aesthetics matter. Last month, the Pantone Color Institute continued its tradition by naming not one, but...more
[co-author: Joseph Diorio, Law Clerk]
The January 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses: a recent non-precedential TTAB decision on background designs; the Trademark Modernization Act;...more
1/29/2021
/ Acquired Distinctiveness ,
Cannabidiol (CBD) oil ,
Color Marks ,
Domain Names ,
gTLD ,
ICANN ,
Lanham Act ,
Sunrise Periods ,
Trademark Application ,
Trademark Modernization Act (TMA) ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO ,
Utility Patents
Earlier this month, the Federal Circuit issued a precedential ruling on the question of whether a color mark for product packaging can ever be inherently distinctive, holding that the Trademark Trial and Appeal Board (TTAB)...more
5/6/2020
/ Appeals ,
Color Marks ,
Corporate Branding ,
Inherently Distinctive ,
Precedential Opinion ,
Product Packaging ,
Reversal ,
Trademark Litigation ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks
The April 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a precedential Federal Circuit ruling about color marks for product packaging, takeaways from a recent Supreme Court decision regarding when an...more
5/5/2020
/ Burden of Proof ,
Color Marks ,
Damages ,
Dilution ,
Domain Names ,
gTLD ,
Lanham Act ,
Lost Profits ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademark Infringement ,
Trademark Trial and Appeal Board ,
Trademarks ,
Willful Infringement
Earlier this month, Pantone announced that its color for year 2020 is PANTONE 19-4052 Classic Blue. Pantone describes Classic Blue as a timeless hue, one that is evocative of the sky at dusk, bringing “a sense of peace and...more
The December 2019 issue of Sterne Kessler's MarkIt to Market® newsletter discusses Pantone's color of 2020, a recent precedential decision about descriptive word marks in patent applications, and the new gTLD sunrise period....more
On November 25, Moët Hennessy Louis Vuitton (LVMH), the world’s biggest luxury goods group and home to 75 high-end brands, announced that it will buy Tiffany & Co. for $16.2 billion. Tiffany, the American jeweler established...more
Last month, the Pantone Color Institute announced that the color of the year for 2019 is PANTONE® 16-1546 Living Coral.
Brand owners have long understood the psychology of color in creating their brand identity. The right...more
The January 2019 issue of Sterne Kessler's MarkIt to Market® newsletter discusses Pantone Color Institute's 2019 color of the year, pointers on protecting logos through copyright registration, Korea's notable amendments to...more
1/31/2019
/ Color Marks ,
Copyright ,
Copyright Registration ,
Corporate Branding ,
Domain Names ,
gTLD ,
Intellectual Property Protection ,
Korea ,
Logos ,
Sunrise Periods ,
Trademarks
The color purple has long been associated with royalty, so perhaps it should come as no surprise that Pantone’s color of the year for 2018 --the year of the next royal wedding-- is PANTONE® 18-3838 Ultra Violet, a blue-based...more
Whether it’s black or white may not have mattered to Michael Jackson (at least that's how the song goes), but it does seem to matter now to the Office for Harmonization in the Internal Market (OHIM) and other trademark...more