The U.S. Supreme Court’s opinion in the Dewberry Group, Inc. v. Dewberry Engineers Inc. case was released Wednesday. In a unanimous opinion, the Court found that Section 35 of the Lanham Act, which provides that a plaintiff...more
Part 2: WHAT -
Last month, we reviewed where the U.S. Olympic & Paralympic Committee (USOPC) derives its trademark rights—if you missed last month’s article, catch up here: June 2024 Article. This month, we are exploring...more
Part 1: WHERE -
Like the rest of the world, we will have our eye on Paris this summer, breaking down trademark issues associated with the Olympic Games in a three-part series. Over the course of the next three months, we...more
Trademarks help brand owners build and communicate their brand’s reputation and value with the relevant public. Once that valuable goodwill is linked between a mark and the owner’s products and services, trademark owners can...more
9/1/2023
/ Abandonment ,
Brand ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Lanham Act ,
License Agreements ,
Third-Party ,
Trademark Application ,
Trademark Infringement ,
Trademark Licenses ,
Trademark Litigation ,
Trademark Ownership ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
Thank you for reading the August 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we conclude our series that explores ways to lose trademark rights with an examination of naked licensing, discuss a...more
9/1/2023
/ Abandonment ,
Change of Ownership ,
China ,
CNIPA ,
Domicile ,
Foreign Trademark ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trademark Protection ,
Lanham Act ,
License Agreements ,
New Guidance ,
New Rules ,
Policies and Procedures ,
Proposed Amendments ,
Regulatory Requirements ,
Third-Party ,
Trademark Application ,
Trademark Examination ,
Trademark Infringement ,
Trademark Licenses ,
Trademark Litigation ,
Trademark Ownership ,
Trademark Registration ,
Trademark Suspensions ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO ,
WIPO
One of the signs of a healthy trademark is a certain level of distinctiveness. Distinctiveness is related to consumers’ love and recognition of a mark as an indicator of a product’s source, such that consumers trust the mark...more
8/1/2023
/ Acquired Distinctiveness ,
Brand ,
Corporate Branding ,
Generic Marks ,
Genericide ,
Goods or Services ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
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
There are plenty of fish in the sea when it comes to trademarks: from word marks to service marks; from symbols to surnames; from product packaging to product design. When the time is right, and you feel like you have found...more
7/5/2023
/ Abandonment ,
Advertising ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Lanham Act ,
Marketing ,
Trademark Litigation ,
Trademark Ownership ,
Trademark Registration ,
Trademarks ,
USPTO
In 2006, rock band OK Go released a music video for their song “Here It Goes Again,” which featured the band members running back and forth on four treadmills set up side-by-side in what looks like an unfinished basement. The...more
Thank you for reading the January 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss an ongoing trademark dispute between the band OK Go and cereal company Post, how to stay vigilant about...more
1/31/2023
/ Abbreviated New Drug Application (ANDA) ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Declaratory Judgments ,
Domain Name Registration ,
Domain Names ,
False Association ,
Food and Drug Administration (FDA) ,
Hatch-Waxman ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Orange Book ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
Scams ,
Trademark Application ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
USPTO
This month, Google has celebrated July 4th, the start of the 2020 summer Olympics, and Ángela Peralta's 175th birthday, to name a few, through its iconic Google Doodles found atop the Google search page. Google is one of many...more
[co-author: Richa Patel, Summer Associate]
The July 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses fluid trademarks and the Cannabis Administration and Opportunity Act. Plus, check out the answer key...more
7/26/2021
/ Advertising ,
Artists ,
Brand ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Dietary Supplements ,
Dispensaries ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Fluid Trademarks ,
Food and Drug Administration (FDA) ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Interstate Commerce ,
Logos ,
Marijuana ,
Marijuana Related Businesses ,
Marketing ,
Product Labels ,
Proposed Legislation ,
Recreational Use ,
Trademark Registration ,
Trademarks ,
TTB