In the linked article about a trademark dispute, the author notes that the plaintiff claimed the defendant used a “copyrighted name.” Just a reminder: one can patent inventions, copyright creative works of expression, and...more
In trademark infringement litigation, the form of monetary relief a plaintiff requests can determine whether the case is decided by a jury or a judge. This procedural distinction has real consequences, and a new request has...more
Often, individuals joining together on a project believe they should each own the name they choose. Indeed, it only seems fair. But having multiple owners of a single trademark is a recipe for trouble, and the partners would...more
7/8/2025
/ Business Entities ,
Business Ownership ,
Contract Terms ,
Corporate Governance ,
Intellectual Property Litigation ,
Joint Ownership ,
Lanham Act ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Ownership ,
Trademarks
In a precedential decision issued June 6, 2025, the Trademark Trial and Appeal Board (TTAB) confirmed what has long been suggested in its procedural manual: Appellants in ex parte appeals may not incorporate arguments from...more
In another in a long line of trademark imitation cases, Kellogg North America Co. LLC has filed a trademark and trade dress infringement lawsuit against a small Ohio-based food truck named L’eggo My Eggroll, arguing that the...more
As noted in the linked article, many iconic brands, including Ford, Harley-Davidson, and JC Penney (yes, he was real), bear the surnames of their founders. These names often lend a sense of authenticity or legacy that...more
With changing laws and the ubiquity of cannabis and vaping product and service providers, leveraging the familiarity of established trademarks has become a common, albeit risky, marketing tactic. New brands often mimic...more
In filing to register a trademark on an “intent-to-use” basis, the applicant must verify that it has a good faith “bona fide intention to use the mark in commerce.” 15 U.S.C. § 1051(b). Assuming there is nothing on the face...more
It is a basic tenet of trademark law that rights are jurisdictional. Trademark owners only have rights in the mark in the jurisdictions in which they have registered (or, in some cases, used) the mark....more
5/13/2025
/ Corporate Counsel ,
Foreign Trademark ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade ,
Jurisdiction ,
Trademark Cancellation ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademarks
When a third party purchases a manufacturer's goods intended for distribution outside of the U.S., and then imports those goods into and sells them to consumers in the U.S., the products are authentic, and so trademark...more
For wineries, managing intellectual property (IP) is crucial to maintaining brand identity and protecting creative investments. While general IP principles apply across many sectors, wineries face unique challenges and...more
1/14/2025
/ Confidentiality Agreements ,
Copyright ,
Copyright Infringement ,
Employee Training ,
Enforcement ,
Intellectual Property Protection ,
Non-Disclosure Agreement ,
Patent Applications ,
Patents ,
Trade Dress ,
Trade Secrets ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
USPTO
When seeing similar trademarks or trade dress employed by a third party, companies often immediately react with a demand letter requiring the target to “immediately cease and desist” its use of the IP and threatening...more
Trademark owners have the right to stop third parties from using marks that could cause a likelihood of consumer confusion. Third-party use of a trademark that is the same or similar to the owner's trademark for goods related...more
6/10/2024
/ Appeals ,
Certification Marks ,
Goods or Services ,
Inherently Distinctive ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Likelihood of Confusion ,
Third-Party ,
Trademark Litigation ,
Trademark Ownership ,
Trademark Trial and Appeal Board ,
Trademarks
After being sued for trademark infringement, Oakland has hit back at San Francisco with a countersuit for declaratory relief. The declaratory relief decision will similarly answer the question of whether Oakland's use of the...more
Even with the A's leaving the Bay Area, we're getting an extra SF-Oakland matchup. This trademark infringement case will have some interesting issues to be decided (if it gets that far)...more
With all of the business interruption caused by the COVID-19 pandemic, many worldwide trademark offices have taken steps to recognize the issues caused by the crisis. The offices in which applicants from the U.S. most...more
4/14/2020
/ Canadian Intellectual Property Office (CIPO) ,
Coronavirus/COVID-19 ,
European Union Intellectual Property Office (EUIPO) ,
Filing Deadlines ,
Intellectual Property Protection ,
Trademark Application ,
Trademark Litigation ,
Trademark Office ,
Trademark Registration ,
Trademarks ,
USPTO