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Counterfeiting – Bad Business for E-Commerce Websites

Everyone knows that counterfeiting is bad business for brands – it weakens consumer confidence and brand loyalty, erodes goodwill, and creates liability issues -- but this month online retailer Etsy learned that...more

MarkIt to Market - May 2015

The May issue of Sterne Kessler's MarkIt to MarketTM newsletter covers the negative impact of counterfeiting on e-commerce websites, recent changes in Russian trademark law, and an updated list of the Sunrise periods...more

Generic Top Level Domains - Current Sunrise Periods Open

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. ...more

I Second that e-Motion: Protecting Motion Marks

Grabbing and keeping the consumer's attention can be difficult, especially in the online marketplace where advertisements and surveys obscure content on the screen and distract the viewer. Most marketers know that animation...more

MarkIt to MarketTM | April 2015

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

Generic Top Level Domains - Current Sunrise Periods Open

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

Single Color Mark — Functionality Does Not Necessarily Preclude Protectability

The Ninth Circuit’s recent decision in Moldex-Metric, Inc. v. McKeon Products, Inc. clarifies that even when a single color trade dress has a function, and even when the color is marketed as such, this fact alone does not...more

Global Trademark Protection — 5 Practical Considerations

When Tim Berners-Lee developed the World Wide Web in 1990 as a tool to share information among specialized researchers, he likely did not anticipate the degree to which his invention would radically change — in just a few...more

MarkIt to Market | March 2015

The March issue of Sterne Kessler's MarkIt to MarketTM newsletter provides 5 considerations for prioritizing your global trademark protection, identifies takeaways from a recent trade dress decision, and provides an updated...more

Generic Top Level Domains - Current Sunrise Periods Open

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

3/5/2015

New Tool to Fight Counterfeiting – Customs Recordation Now Available in Canada

Many U.S. brand owners already work with U.S. Customs and Border Protection (CBP), a division of the U.S. Department of Homeland Security, to keep counterfeit products out of the U.S. CBP examines cargo at more than 300 ports...more

Top 5 Takeaways for Trademark Owners from the Supreme Court's Hana Financial, Inc. v. Hana Bank Tacking Decision

Many commentators have weighed-in on the Supreme Court's recent Hana Financial decision, which involved two competing HANA-formative marks for financial services, including one that had been modified over the years to couple...more

MarkIt to Market - February 2015

The February issue of Sterne Kessler's MarkIt to MarketTM newsletter provides takeaways from the Supreme Court's Hana Financial decision, identifies a new anti-counterfeiting tool for owners of Canadian trademarks and...more

Generic Top Level Domains - Current Sunrise Periods Open

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. ...more

2/10/2015  /  gTLD , ICANN , Sunrise Periods , Technology

New Year – Consider a Trademark Audit

A trademark is an intangible asset of the company that, like most assets, should be audited periodically. Ideally, a trademark audit examines and evaluates the strengths, weaknesses, and relative value of a company's...more

Anatomy of a Protectable Slogan: JE SUIS CHARLIE versus THIS SICK BEAT

In our 140-character world, slogans and rallying cries have become a popular shorthand to signify support for the emotion of the moment. As such slogans capture our national attention, it is virtually inevitable that the next...more

2/4/2015  /  Slogans , Trademarks , Use in Commerce

MarkIt to Market - January 2015

The January issue of Sterne Kessler's MarkIt to MarketTM newsletter comments on the trend of seeking to register popular slogans as trademarks, supplies a template for auditing your trademark rights, and gives an updated list...more

2/2/2015  /  Audits , Brand , gTLD , Sunrise Periods , Trademarks

USPTO Takes on Deadwood

For several years now, the U.S. Patent and Trademark Office (USPTO) has been concerned about the amount of "deadwood" on the U.S. trademark Register – registrations that remain in force, but cover marks that are not actually...more

12/30/2014  /  Trademarks , USPTO

USPTO Fees Reduced for 2015

Effective January 17, 2015, the USPTO has announced a number of fee reductions for 2015, including a $50 reduction in the cost to file electronic applications ...more

Generic Top Level Domains - Current Sunrise Periods Open

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

Markit to Market - December 2014

The December issue of Sterne Kessler's MarkIt to MarketTM newsletter includes news on how the USPTO is tackling its "deadwood" problem, the reduced USPTO fees for 2015, and an updated list of the Sunrise periods currently...more

Good(s) Intentions – What's Enough to Establish Bona Fide Intent to Use?

When used effectively, brand and merchandise licensing can increase the value of a brand by extending it into new, relevant product categories and by further monetizing brand equity. And when seeking to protect a brand in...more

Look Beyond the Registration to Determine Likelihood of Confusion

Just in time for the holiday shopping season, the Trademark Trial and Appeal Board's recent decision in Anthropologie, Inc. and Urban Outfitters Wholesale, Inc. v. Happy Green Company LLC is a good reminder of why, when...more

Generic Top Level Domains - Current Sunrise Periods Open

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

MarkIt to Market - November 2014

The November issue of Sterne Kessler's MarkIt to MarketTM newsletter includes a case study on bona fide intent to use, a resolution to Anthropologie's opposition to the mark, and an updated list of the Sunrise periods...more

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