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(Podcast) The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
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(Podcast) The Briefing: No CTRL-ALT-DEL For the Server Test
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The European Union (EU) Intellectual Property Office (EUIPO) has refused to register Thom Browne’s position trademark consisting of four horizontal white stripes placed on the upper left sleeve of garments....more
Trademark law continues to be the cornerstone of brand identity. One concept that introduces a unique set of challenges in trademark law is “tacking.” Tacking is the ability of a trademark owner to modify their mark without...more
On September 17, 2020, legendary footballer Leo Messi achieved an elusive goal that he had been pursuing for years. No, he did not finally win a World Cup championship for the Albiceleste. Rather, after a nearly decade-long...more
A decision from the Federal Circuit clarified how the USPTO should analyze evidence of fame under the fifth DuPont factor. The decision sheds light on how fashion brands can establish that their marks are famous through...more
In a recent decision that illustrates the relevance of timing in evaluating the question of secondary meaning, the Court of Appeals of the Federal Circuit breathed new life into Converse’s “Chuck Taylor” sneaker design...more
The Court of Appeals for the Federal Circuit recently extended First Amendment protections for trademark applications in In re Brunetti, No. 15-1109 (Fed. Cir. December 15, 2017), ruling that Section 2(a) of the Lanham Act’s...more
On December 15, the U.S. Court of Appeals for the Federal Circuit struck down the Lanham Act's ban on registering immoral or scandalous trademarks as unconstitutional on First Amendment grounds in In re Brunetti, --- F.3d...more
On March 24, 2017, the U.S. Court of Appeals for the Ninth Circuit ruled that the term “red gold” may not be a generic term for jewelry and watches, and thus, may serve as a trademark. Specifically, the Ninth Circuit found...more
On January 18, 2017, the Supreme Court heard oral arguments regarding whether the Lanham Act’s provision refusing federal trademark registration to disparaging marks is invalid under the Free Speech Clause of the First...more
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. Letter From the Editor - Fashion Week has come and...more