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
On April 23, 2020, Justice Neil Gorsuch delivered a unanimous opinion in Romag Fasteners, Inc. v. Fossil, Inc., clarifying that a Lanham Act provision does not require a plaintiff to prove that acts of infringement are...more
5/10/2020
/ § 1125(a) ,
§ 1125(c) ,
Appeals ,
Burden of Proof ,
Charge-Filing Preconditions ,
Compensatory Awards ,
Dilution ,
Disgorgement ,
Lanham Act ,
Lost Profits ,
Mens Rea ,
Remand ,
Remedies ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated ,
Willful Infringement
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
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
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 the COVID-19 outbreak affects the daily lives and businesses of patent and brand owners in the United States, the United States Patent and Trademark Office (USPTO) issued a notice of waiver of certain deadlines....more
The March 2020 issue of Sterne Kessler's MarkIt to Market® newsletter provides practice pointers gleaned from a recent Federal Circuit ruling regarding certification marks and discusses the upcoming addition to the Hague...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
Trademark lawyers get excited when trademark protection maneuvers make international headlines; add glamorous royals Harry and Meghan to the mix, and everyone has an opinion on the ramifications of Sussexit and the SUSSEX...more
Earlier this month the U.S. Chamber of Commerce released its International IP Index 2020. The index benchmarks the intellectual property framework of 53 global markets representing over 90% of global GDP, and evaluates the...more
The February 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a landmark decision regarding the Visual Artists Rights Act (VARA), the release of the 2020 International IP Index, Prince Harry and Meghan...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
The “soft” IP world is looking forward to rulings in six trademark and copyright cases this term, far more than in recent years, and all of which address points of uncertainty that will impact trademark and copyright...more
2/10/2020
/ Affirmative Defenses ,
Allen v Cooper ,
Annotated Case Law ,
Claim Preclusion ,
Copyright ,
Copyright Infringement ,
Copyright Remedy Clarification Act ,
Copyrightable Subject Matter ,
Fair Use ,
Generic Marks ,
Georgia v. Public.Resource.Org Inc ,
gTLD ,
Lanham Act ,
Lucky Brand Dungarees v Marcel Fashion Group ,
Oracle v Google ,
Profits ,
Remedies ,
Romag Fasteners v Fossil ,
SCOTUS ,
Software ,
Sovereign Immunity ,
Split of Authority ,
Trademark Infringement ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
Willful Infringement
The January 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the following topics:
- The TTAB's affirmation to refuse a mark to distillery Jos. A. Magnus & Co.;
- Six trademark and copyright cases...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
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
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
The October 2019 issue of Sterne Kessler's MarkIt to Market® newsletter discusses three "lawful use" cannabis trademark decisions, a recent FTC settlement with a cosmetics company, and the USDA's newly issued interim rules...more
11/1/2019
/ Cannabis-Related Businesses (CRBs) ,
Cosmetics ,
Domain Names ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
gTLD ,
Hemp ,
Interim Rule ,
Online Reviews ,
Settlement Agreements ,
Sunrise Periods ,
Trademarks ,
USDA
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
The September 2019 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a component mark case study, LeBron James' recent trademark application, and the current gTLD sunrise period.
In this issue:
-...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
Legal, sport, and popular press let out a collective chortle upon learning that The Ohio State University had filed a federal trademark application for the mark THE. Some debated whether the University would be successful in...more
The August 2019 issue of Sterne Kessler's MarkIt to Market® newsletter discusses The Ohio State University's trademark application for the mark "THE" and the current gTLD sunrise period.
In this issue:
- Well Played -...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