In the world of trademark litigation, surveys play a crucial role in tackling issues like confusion, secondary meaning, and dilution. However, the timing of survey disclosures often sparks heated debates, as neither side...more
7/25/2025
/ Dilution ,
Evidence ,
Expert Reports ,
Expert Testimony ,
Expert Witness ,
Federal Rules of Civil Procedure ,
Rebuttal ,
Rules of Civil Procedure ,
Surveys ,
Trademark Litigation ,
Trademarks
As generative AI technology advances, the legal battles over the use of copyrighted materials for training these models are heating up. In the first wave of lawsuits the courts have diverged in their approach to fair use as a...more
In a dramatic turn of events, the United States Court of Appeals for the Eighth Circuit has vacated the Federal Trade Commission’s (FTC) Click-to-Cancel Rule, which was set to take effect on July 14, 2025. ...more
The Made in the USA label carries significant marketing weight, especially in today’s political landscape, but it also comes with legal risks. Federal regulators and class action attorneys are scrutinizing origin claims,...more
7/2/2025
/ Advertising ,
Consumer Protection Laws ,
Country of Origin ,
False Advertising ,
Federal Trade Commission (FTC) ,
Labeling ,
Made in the USA ,
Manufacturers ,
Product Labels ,
Risk Management ,
Unfair or Deceptive Trade Practices
Under current Federal Trade Commission (FTC) policy, an advertising claim requires substantiation if it makes an objective assertion about a product or service. But a new lawsuit filed by a former defendant in an FTC suit...more
The Federal Trade Commission’s (“FTC”) Negative Option Rule, dubbed the “Click-to-Cancel” Rule (the “Rule”), stands to substantially change the way online businesses must interact with customers. Its fate is now in the hands...more
6/18/2025
/ Appeals ,
Consent ,
Consumer Protection Laws ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Final Rules ,
Negative Option Rule ,
Oral Argument ,
Regulatory Requirements ,
Subscription Services ,
Unfair or Deceptive Trade Practices
The United States Patent and Trademark Office ("PTO") has issued its Final Rule adjusting filing fees at all stages of the trademark application and maintenance filing process. The new fees will take effect on January 18,...more
Two of the busiest airports in the United States are battling with their smaller counterparts to retain trademark rights in the name of the major cities the airports serve. While the smaller airports want to capitalize on...more
A common problem for intellectual property owners in the age of e-commerce is trying to unmask the identity of anonymous infringers to get the infringing activity to stop. Even if a brand owner is successful in unmasking the...more
The United States Supreme Court unanimously sided with Jack Daniel’s in a trademark infringement dispute with dog toy manufacturer VIP Products over a poop-themed, chewy dog toy, in Jack Daniel’s Properties, Inc. v. VIP...more
6/22/2023
/ Dilution ,
First Amendment ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
Rogers Test ,
SCOTUS ,
Spoofing ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
For the first time in almost 20 years, the United States Supreme Court has issued a ruling that has prompted vigorous debate over the future of the fair use doctrine under the Copyright Act. On May 18, 2023, in Andy Warhol...more
5/22/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Art ,
Artists ,
Commercial Use ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Intellectual Property Litigation ,
Paintings Sculptures and Engravings ,
Photographs ,
SCOTUS ,
Transformative Use
'Tis the season of making resolutions for the new year, and there are undoubtedly many goals you’re considering to make 2020 a successful year. While you're making your list, and checking it twice, here are the top three...more
As you may have heard, the United Kingdom voted this week to leave the European Union. This has left many wondering what impact Brexit will have on their intellectual property rights in the UK and the European Union. In the...more
Under a new Community Trade Mark (CTM) rule, trademarks filed in black and white, or greyscale, may no longer be protected if the mark is used predominantly in color. The CTM system creates a unified trademark registration...more
In its second trademark decision this term, the U.S. Supreme Court ruled that certain findings by the Trademark Trial and Appeal Board (TTAB) relating to whether there is a “likelihood of confusion” between trademarks can...more
“Trademark tacking” is an issue of fact that must be decided by a jury, the U.S. Supreme Court has unanimously ruled in Hana Financial, Inc. v. Hana Bank, et al.
“Trademark tacking” is the doctrine by which a trademark...more
In a landmark case, the Unites States Patent and Trademark Office cancelled six trademark registrations associated with the National Football League team, the Washington Redskins, finding that use of the term "redskin" is...more
6/20/2014
/ Blackhorse v Pro-Football ,
Disparagement ,
Football ,
Laches ,
Native American Issues ,
NFL ,
Redskins ,
Registration ,
Trademark Act ,
Trademark Trial and Appeal Board ,
Trademarks
The U.S. Commerce Department recently announced its plan to transition oversight of the non-profit Internet Corporation for Assigned Names and Numbers (ICANN), which manages Internet domain names and addresses, to a...more
Protecting a trademark can often create as many new problems for a brand owner as it solves, if not handled properly.
Recently, King.com, owner of the popular game app Candy Crush Saga, received an avalanche of...more
Antitrust challenges to so-called “pay-for-delay” settlements in drug patent suits are allowed under the U.S. Supreme Court’s recent decision in Federal Trade Commission v. Actavis, Inc....more
Preparing a trademark application to the United States Patent and Trademark Office? A recent study shows that hiring an experienced trademark attorney to guide you through the process can give you a much better chance of...more
The U.S. Court of Appeals for the Second Circuit recently awarded Fendi at least $12.3 million in damages, finding that the trademark infringement of importer Ashley Reed Trading, Inc. was willful....more