News & Analysis as of

Acquired Distinctiveness Trademark Litigation Descriptive Trademarks

Fish & Richardson

More Is More: Ensure Your Mark Is Protectable Before You Enforce

Fish & Richardson on

The Federal Circuit’s recent decision in Heritage Alliance v. American Policy Roundtable, Case No. 24-1155 (Fed. Cir. Apr. 9, 2025), provides a salient reminder to brand owners seeking to build value in descriptive trademarks...more

International Lawyers Network

Can Trademarks Be Too Descriptive for Registration?

Suppose you want to register a trademark that identifies a source of goods/services for your business. What if the trademark describes an ingredient, quality, feature, function, characteristic, or purpose of your...more

McDermott Will & Emery

What Makes a Trademark Case “Exceptional” in the Fifth Circuit?

McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit affirmed a senior party mark but found that the district court committed clear error in finding that a similar junior party mark was valid. The Fifth Circuit also found that the...more

Akerman LLP - Marks, Works & Secrets

The Skinny on “Thins”

According to the Federal Circuit, the skinny on the term “Thins” is that it may be generic for thinly cut snack crackers. Real Foods Pty Ltd. V. Frito-Lay North America, Inc., (October 4, 2018 Fed. Cir.)....more

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