News & Analysis as of

Intellectual Property Protection Trademark Registration Trade Dress

Seyfarth Shaw LLP

Papa’s Got a Brand New Bag, and it Might be Infringing – Cannabis Companies Clash Over Trademarks for Storage Bags

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IP cases in the cannabis industry are lighting up court dockets more and more. In a new case with potential for serious baggage, Kinzie Advanced Polymers, LLC (“Kinzie”) filed a federal lawsuit against a group of...more

Wolf, Greenfield & Sacks, P.C.

Diversifying Your IP Strategy: Key Tactics for a Well-Rounded Portfolio

In today’s competitive and innovation-driven economy, protecting intellectual property (IP) is no longer just about securing utility patents. A well-rounded IP strategy that incorporates multiple forms of IP, such as trade...more

Fenwick & West LLP

Dupe or Deception? What e.l.f.’s Win Over Benefit Means for Beauty Brands

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The battle over beauty “dupes” just got more interesting. In a major win for e.l.f. Cosmetics, a California federal judge ruled that its Lash ’N Roll mascara doesn’t infringe the trademarks and trade dress of Benefit...more

Venable LLP

About Time! Steps You Should Consider to Protect Your Watch-Related Brand

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As major watch industry events are fast approaching in 2025, it may be time for businesses to reevaluate or add to the tools at their disposal to protect and expand their watch-related brand. ...more

Bond Schoeneck & King PLLC

Trade Dress Registration – Practical Considerations for Product Manufacturers

Summary Trade dress is a powerful intellectual property (IP) tool that can be used to protect the distinctive non-functional “look and feel" of a product’s design, shape and/or 3D configuration.[1] Product manufacturers and...more

Kilpatrick

3 Key Takeaways | Second Circuit Clarifies "Blurry" Issue Between Articulation and Distinctiveness of Trade Dress at Pleading...

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On February 6, 2025, the United States Court of Appeals for the Second Circuit issued its decision in Cardinal Motors, Inc. v. H&H Sports Protection USA, Inc., Docket No. 23-7586-cv, wherein the Court clarified a “blurry”...more

Amundsen Davis LLC

Trademark Monitoring: What Girl Scout Cookies Can Teach Us About Intellectual Property

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It’s cold in southeastern Wisconsin, and that can mean only one thing—it’s nearly Girl Scout Cookie season and time to restock my favorites for the year. On learning that the cookie Toast-Yay!® will be retiring, I wondered...more

Vorys, Sater, Seymour and Pease LLP

The Precedent: Federal Circuit Clarifies Functionality Doctrine in CeramTec v. CoorsTek

In this edition of The Precedent, we outline the recent federal circuit decision in CeramTec v. CoorsTek. ...more

Morrison & Foerster LLP

Thatchers v. Aldi: A Bitter Battle over Cider Branding

On 20 January 2025, the Court of Appeal handed down its judgment in the trade mark dispute between Thatchers Cider Company Limited (“Thatchers”), the largest family-run independent cider producer in the UK, and Aldi Stores...more

Farella Braun + Martel LLP

FAQs: Wine Industry Intellectual Property Protection

For wineries, managing intellectual property (IP) is crucial to maintaining brand identity and protecting creative investments. While general IP principles apply across many sectors, wineries face unique challenges and...more

Offit Kurman

Branding the Produce Aisle: Appealing to Consumer Tastes

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Brands are taking over the produce aisle at the grocery store. They have already conquered the cereal aisle, the soda aisle, the chips aisle, and the cookie aisle (my favorite). While there have always been produce brands...more

McDermott Will & Schulte

Sole Searching: Trade Dress Hopes Booted as Functional, Nondistinctive

The US Court of Appeals for the Fourth Circuit affirmed a district court’s summary judgment grant in a trademark dispute, finding that the district court did not err in concluding that a subset of design elements lacked...more

Sheppard Mullin Richter & Hampton LLP

Divided 9th Circuit Says District Court Has Power to Adjudicate TM Applications

In BBK Tobacco & Foods LLP v. Cent. Coast Agric., Inc., 97 F.4th 668 (9th Cir. 2024), the Ninth Circuit Court of Appeals held that federal district courts have power to adjudicate trademark applications pursuant to the Lanham...more

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

MarkIt to Market® - September 2023: How Design Patents Can Complement Brands' Trademark Portfolios

Many brand owners are familiar with the value of registered trademarks, which safeguard the goodwill cultivated between mark holders and consumers by reducing confusion as to the source of the associated goods. However,...more

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

MarkIt to Market® - September 2023

Thank you for reading the September 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the significant revisions to the FTC's guidelines for endorsements and examine the benefits of design...more

Ladas & Parry LLP

TTAB Confirms that Building Design Marks Lack of Distinctiveness

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In In re Palacio Del Rio Inc (Serial Nos 88412764 and 88437801), the Trademark Trial and Appeal Board (TTAB) has issued an opinion affirming the refusal of two building design mark applications by Palacio Del Rio Inc (PDR) –...more

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

MarkIt to Market® - July 2022: How to Ensure Your Trade Dress Doesn't Go to Hell in a Handbasket

In a recent precedential1 opinion, the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board affirmed the refusal to register Jasmin Larian, LLC’s handbag design mark for “handbags” in Class 18, on the grounds...more

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

MarkIt to Market® - July 2022

Thank you for reading the July 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss a recent precedential TTAB decision regarding product configuration marks. We also highlight recent...more

Ward and Smith, P.A.

The Fun and Whimsical (but Crowded) Landscape of Beer Names Part 1

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In addition to all its natural beauty and opportunities for outdoor recreation, Western North Carolina has more lately become known for its abundance of excellent craft breweries. ...more

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

MarkIt to Market® - January 2022

Happy New Year! We’re excited to share the January 2022 issue of Sterne Kessler's MarkIt to Market® newsletter in a newly updated format. This month’s articles discuss the Pantone Color Institute's 2022 Color of the Year –...more

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

MarkIt to Market® - August 2021: Persistence Pays Off – A Series of Monster Trademark Disputes

Monster Energy Co. (“Monster Energy”), frequent trademark plaintiff, recently found itself on the receiving end of a trademark infringement lawsuit brought by California company Outdoor Pro Shop, Inc. (“Pro Shop”). Pro Shop’s...more

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

MarkIt to Market® - August 2021

The August 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses Monster Energy's history of trademark disputes in the context of enhancing brand strength, tips for shortening the pendency of trademark filings...more

McDermott Will & Schulte

There’s No Sugarcoating It: Pocky’s Cookie Design Trade Dress Is Functional

Addressing for the second time whether the design of a chocolate-dipped, stick-shaped cookie was eligible for trade dress protection, the US Court of Appeals for the Third Circuit held again that the product configuration was...more

Fox Rothschild LLP

Trademark And Brand Protection: Don’t Miss An Opportunity To “Trade Dress” For The Part

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Most businesses are familiar with the concept of trademarking a word, logo, or slogan that serves as a unique identifier of their goods or services. After all, those are the markers that first come to mind when you think...more

McCarter & English, LLP

A Refresher On The Importance Of Trademarks And Trade Dress In The Food And Beverage Industry

The quality, taste, and appearance of food and beverage products are important, but there are other aspects of those products that also contribute to, and even sustain, their commercial success. In particular, the...more

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