News & Analysis as of August 26, 2025

Trade Dress

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Hsu Untied interview with David Cohen, General Counsel at Infinite Athlete
Hsu Untied interview with Brad Waugh, General Counsel at TP-Link
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Your Guide to Dealing with Subpoenas Effectively
Episode 371 -- DOJ's New Corporate Enforcement Program
Shout Outs and Rants: Episode 153, The CW 25 Edition
Regulatory Ramblings: Episode 68 - Why Geopolitical Risk Matters to Compliance and Legal Staff with Mark Nuttal and Chad Olsen
Innovation in Compliance: Strategic Compliance in Regulated Industries with Kerri Reuter

Emerging Counterfeiting Tactic: Private Label Marks to Evade Online Enforcement

Brownstein Hyatt Farber Schreck on 8/22/2025

A new and increasingly sophisticated form of counterfeiting is challenging traditional brand protection strategies. Counterfeiters are now avoiding the use of well-known house marks and instead applying “private label” marks...more

The Third Circuit Shares Some Food For Thought On The Bounds Of Trade Dress Protection

McCarter & English, LLP on 10/15/2020

The overall look of a product – including the look of a snack or a treat – may be entitled to intellectual property protection as “trade dress.” But the protection of the overall look of a product as trade dress is neither...more

Humvee Goes Into Battle: Will Its Trademarks Leave Tread Marks on Video Game Makers?

Sunstein LLP on 8/25/2019

The realism of video games is intensified by the inclusion of products and brands we recognize from daily life. Can the thrill of such verisimilitude coexist alongside the rights of trademark owners?...more

Changing Landscape for Video Game Developers in Third-Party IP Suits?

Perkins Coie on 2/19/2019

What do the manufacturer of a military-grade light tactical wheeled vehicle and a 19th century private-detective agency have in common? Each has recently been involved in litigation with a video game developer for infringing...more

The Federal Circuit Vacates and Remands An International Trade Commission Final Determination in A Trademark-Based Investigation

Akin Gump Strauss Hauer & Feld LLP on 11/6/2018

• The Federal Circuit issued a rare precedential decision in an appeal from a trademark- and trade dress-based ITC investigation. • In its decision, the Federal Circuit reiterated that the act of trademark registration does...more

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