The August 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses Monster Energy's history of trademark disputes in the context of enhancing brand strength, tips for shortening the pendency of trademark filings...more
8/30/2021
/ Brand ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Domain Name Registration ,
Domain Names ,
gTLD ,
ICANN ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Intent-to-Use ,
Monster Energy Drinks ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Sunrise Periods ,
Trade Dress ,
Trademark Application ,
Trademark Cancellation ,
Trademark Electronic Application System (TEAS) ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Modernization Act (TMA) ,
Trademark Opposition Proceedings ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
[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The January 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses: a recent non-precedential TTAB decision on background designs; the Trademark Modernization Act;...more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
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
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
The November 2019 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a recent Federal Circuit design patent decision, the USDA's new hemp rules, and Moët Hennessy Louis Vuitton's acquisition of Tiffany & Co. We...more
Many trademark disputes are resolved by coexistence agreement – a contract whereby two trademark owners agree to use similar trademarks, but with certain limitations in place to avoid a likelihood of confusion in the...more
7/1/2019
/ Best Practices ,
Coexistence Agreements ,
Customs and Border Protection ,
Dispute Resolution ,
Domain Names ,
Takedown Notices ,
Trade Names ,
Trademark Clearinghouse ,
Trademark Infringement ,
Trademark Registration ,
Trademarks
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
Babbel.com has estimated that of the world’s approximately 7.5 billion inhabitants, 1.5 billion speak English, about 20% of the earth’s population. English is by far the most commonly-studied foreign language, and even in...more
The October 2018 issue of Sterne Kessler's MarkIt to Market® newsletter discusses how the USPTO determines similarity to prior-filed marks, the considerations of protecting a mark in a foreign language, and the new gTLD...more
The June 2018 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the types of regulatory and other approvals that do not preclude the need for a trademark clearance, examines the relevant considerations in using...more
The process of developing and bringing a drug to market is long and expensive, and from test tube to pharmacy, the competition for resources – including clinical trial participant and investor resources – is fierce. To...more
The May 2018 issue of Sterne Kessler's MarkIt to Market® discusses how counterfeiting can help your brand strategy, considers the trend of "branding" clinical trials, and lists the new gTLD Sunrise Periods.
...more
January marks the 50th issue of Sterne Kessler's MarkIt to Market® newsletter. This issue discusses Olympic marks ahead of the upcoming winter games, covers new protection for certification marks in the EU, provides an update...more
The December 2017 issue of Sterne Kessler's MarkIt to Market® discusses how ultra violet is the new black, a trademark practice update, and lists the new gTLD Sunrise periods.
...more
The May 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses the April 2016 revisions to the USPTO's Trademark Manual of Examining Procedure ("TMEP") and notes currently open gTLD Sunrise Periods.
...more
In This Issue:
- Hashtag Trademarks: #ItsAllAboutTheUse
- Upcoming Changes in Canadian Trade Mark Trademark Law
- Changes in U.S Certification Mark Requirements
- gTLD Sunrise Periods Now Open
- The...more
In This Issue:
- I Second that e-Motion: Protecting Motion Marks
- USPTO Begins Accepting International Design Applications
- Attending INTA Annual Meeting
- gTLD Sunrise Periods Now Open
- Excerpt...more
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more
The August issue of Sterne Kessler's MarkIt to MarketTM newsletter is all about monkey business, including an analysis of the copyright debate between British photographer David Slater and Wikimedia Commons over "selfies"...more
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more
As first reported in our December 2013 newsletter, the first generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our December...more