News & Analysis as of

Functionality Trademark Litigation Lanham Act

Mayer Brown

Key Court Decisions: Functional and Generic Trademarks

Mayer Brown on

In this episode of The Upper Brand, Richard Assmus, Kristine Young, and Christa Cole delve into key court cases that have shaped trademark law. They explore the intricacies of functional and generic trademarks, with insights...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

[Webinar] Trademark Trends: A Mid-Year Review - July 17th, 1:00 pm - 2:00 pm EDT

Join Sterne Kessler’s Global Trademark & Brand Protection team for our mid-year review webinar, when we will take a closer look at the latest developments in trademark law. From recent court decisions to industry-trends, our...more

McDermott Will & Schulte

Whisk-y Business: Notice Alone Is Sufficient for Preliminary Injunction

The US Court of Appeals for the Fifth Circuit concluded that only notice of a preliminary injunction (PI) motion, and not perfected formal service, is needed to assert jurisdiction to issue an injunction. Whirlpool Corp. v....more

Buckingham, Doolittle & Burroughs, LLC

If a Good is not a Good, then a Trademark is not a Trademark

The Trademark Trial and Appeal Board (TTAB) adopted a new rule for evaluating whether non-syndicated news columns are “goods in trade” under the Lanham Act in In re The New York Times Company, a precedential opinion issued on...more

McDermott Will & Schulte

Functionality Dooms Alleged Trade Dress Protection

McDermott Will & Schulte on

The US Court of Appeals for the Eighth Circuit affirmed summary judgment of noninfringement in a trade dress suit, finding that the trade dress was functional and the attorneys’ fee award—as diminished by the district...more

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