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Watch Out for Common Law Users in Online Enforcement

Many consumer product brands seek to enroll in online enforcement programs, for example, Amazon Brand Registry and eBay VeRO. These consumer product brands often experience online infringement and counterfeiting issues, so...more

Rogers Test Not Applicable When Mark Is Used as a Trademark

Supreme Court Rules in Favor of Jack Daniel’s Over ‘Spoofed’ Bad Spaniels Dog Toy - The Second Circuit’s 1989 Rogers test sets an elevated standard for proving trademark infringement, for the purpose of protecting First...more

USPTO Sanctions Chinese Law Firm for Fraud and Terminates More Than 15,000 US Trademark Applications

On Dec. 10, 2021, the U.S. Patent and Trademark Office (USPTO) issued a precedential Final Order for Sanctions against Chinese practitioner and law firm Yusha Zhang and Shenzhen Huanyee Intellectual Property Co., Ltd. for...more

Scout Me Out? Girl Scouts Challenge Boy Scouts’ SCOUTS Trademark

A trademark case to keep an eye on this year is Girl Scouts of the USA v. Boy Scouts of America, case no. 1:18-cv-10287, which was filed last November in the United States District Court for the Southern District of New York...more

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