While many brand owners are generally aware of and work with U.S. Customs and Border Protection (CBP) to record trademark and copyright registrations and help with seizures, fewer may understand the role of the National...more
4/1/2024
/ Brand ,
Copyright Registration ,
Corporate Branding ,
Counterfeit Goods Regulation ,
Customs and Border Protection ,
Illegal Imports ,
Intellectual Property Protection ,
Popular ,
Reporting Requirements ,
Trademark Registration ,
Trademarks ,
USPTO
Welcome to the March 2024 issue of Sterne Kessler’s MarkIt to Market® newsletter. This month, we discuss the IPR Center’s efforts to stop global IP theft and address counterfeiting on both home and foreign turf; a recent TTAB...more
4/1/2024
/ Brand ,
Copyright Registration ,
Corporate Branding ,
Counterfeit Goods Regulation ,
Customs and Border Protection ,
Descriptive Trademarks ,
Illegal Imports ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Reporting Requirements ,
Trademark Litigation ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
Thank you for reading the January 2024 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Dwayne "The Rock" Johnson's recent trademark acquisition and the importance of understanding those...more
Thank you for reading the October 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the Federal Circuit’s recent case considering the scope of the USPTO’s authority to cancel registrations...more
11/1/2023
/ Advertising ,
Brand ,
Corporate Branding ,
Declaration of Use ,
E-Signatures ,
Enforcement ,
Fraud ,
Incontestability Clauses ,
Intellectual Property Protection ,
Regulatory Requirements ,
Signatures ,
Trademark Application ,
Trademark Cancellation ,
Trademark Litigation ,
Trademark Ownership ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
Thank you for reading the July 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we continue our three-part series that closely examines ways to lose trademark rights with a discussion of genericide. We...more
8/1/2023
/ Acquired Distinctiveness ,
Advertising ,
Brand ,
Consumer Protection Laws ,
Corporate Branding ,
Counterfeiting ,
Data Collection ,
Disclosure ,
Federal Trade Commission (FTC) ,
Generic Marks ,
Genericide ,
Goods or Services ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Lanham Act ,
Listing Rules ,
Marketing ,
Online Marketplace ,
Reporting Requirements ,
Sellers ,
Third-Party ,
Trademark Litigation ,
Trademark Ownership ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
Unfair or Deceptive Trade Practices ,
USPTO
In a complaint filed late last month in the Northern District of Illinois, Edible Arrangements, purveyors of fancy fruit bouquets, initiated a trademark infringement suit against cannabis company Green Thumb Industries Inc.,...more
We are excited to introduce the new look of Sterne Kessler's MarkIt to Market® newsletter! The August 2020 issue discusses a recent precedential TTAB case regarding an attempt to protect Gruyère cheese as a geographic...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...
As of May 29,...more
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
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...more
Over the past weeks, the world has been carefully monitoring news about a new strain of “coronavirus” respiratory infection, which has sickened thousands, caused dozens of deaths, and resulted in a virtual shut-down of...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...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 contact us...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...more
Much has been made of the Supreme Court’s recent decision in Mission Product Holdings Inc. v. Tempnology, LLC, Case No. 17-1657 (May 20, 2019), which resolved a long-standing split in the circuits as to whether a bankrupt...more
6/4/2019
/ Bankruptcy Code ,
Breach of Contract ,
Commercial Bankruptcy ,
Corporate Branding ,
Debtors ,
Executory Contracts ,
IP License ,
Mission Product Holdings Inc v Tempnology LLC ,
Rescission ,
Reversal ,
SCOTUS ,
Split of Authority ,
Trademark Licenses ,
Trademarks
The May 2019 issue of Sterne Kessler's MarkIt to Market® newsletter addresses implications for bankrupt trademark owners following the Supreme Court's decision in Mission Product Holdings Inc. v. Tempnology, LLC....
...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
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
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
One of the general principles for building a strong trademark is to use it consistently and often. That said, most brands undergo at least some updates throughout their lifetime, in an attempt to stay current – a process...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
It is hard to find something positive to say about counterfeiting. It costs businesses billions of dollars in lost sales and eroded goodwill every year. It poses a real threat to consumer health and safety. And it funds...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
On December 15, 2017, the U.S. Court of Appeals for the Federal Circuit held that the Lanham Act’s prohibitions on registering scandalous and immoral marks discriminated based on content, and violated the First Amendment (In...more
1/3/2018
/ Appeals ,
Constitutional Challenges ,
Corporate Branding ,
Counterfeiting ,
Customs and Border Protection ,
First Amendment ,
Free Speech ,
Lanham Act ,
Scandalous/Immoral Marks ,
Trademark Registration ,
Trademarks