News & Analysis as of

Intellectual Property Protection United States Patent and Trademark Office Trademark Infringement

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

Jaburg Wilk

What Is a Trademark? Understanding the Basics

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A trademark is a word, phrase, symbol, or design—or a combination of these—that identifies and distinguishes the source of goods or services of one party from those of others. Essentially, a trademark is your brand’s identity...more

Volpe Koenig

Intellectual Property in Popular Culture: When IP Goes “Pop”

Volpe Koenig on

Like other areas of law, intellectual property (IP) is often depicted as part of a plot point in popular culture, such as movies and television. In addition, lP is often mentioned in the mass media, particularly when any...more

Troutman Pepper Locke

Why Should I Register My Trademark?

Troutman Pepper Locke on

You have a brand—a trademark—for your business. Perhaps it is a word, phrase, symbol, design, or a combination of these that identifies and distinguishes the source of goods or services. At its heart, trademark law is...more

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

A Reminder on the Benefits of a Federal Trademark Registration

During uncertain economic times, it may be tempting to forego the expense of filing for (or maintaining) a federal registration to protect a trademark, relying instead on common law rights acquired through use in commerce....more

Baker Donelson

New Decision Expands Protection for Foreign Brand Owners

Baker Donelson on

A recent precedential decision enlarges the protection for foreign trademark owners. Plumrose Holding Ltd. v. USA Ham LLC, Opposition No. 91272970 (January 17, 2025). The decision is a nod to foreign trademark owners to...more

Venable LLP

Protect Your Nonprofit's Mission with Smart Trademark Strategies

Venable LLP on

Your nonprofit's name, logo, and slogans are more than just branding—they're valuable assets that should be protected and strengthened. Taking the right trademark steps can prevent legal issues, maintain your brand's...more

Kilpatrick

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

Kilpatrick on

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

Fish & Richardson

USPTO Kicks “Hijacker” of Foreign Trademark Out the Door

Fish & Richardson on

When, if ever, is it okay to use a trademark in U.S. commerce that is identical to another company’s mark used outside the U.S.? Courts have struggled with this issue for years, and the U.S. Patent and Trademark Office...more

Amundsen Davis LLC

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

Amundsen Davis LLC on

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

Seyfarth Shaw LLP

UGG(H), My Business Needs to Change its Name –A Cautionary Tale for International Trademark Strategy

Seyfarth Shaw LLP on

A longstanding Australian brand, UGG Since 1974, is fighting for the right to use its UGG trademark for footwear in the United States. Deckers Outdoor Corporation, a US-based shoe company, filed a lawsuit against the...more

Miller Canfield

Battle of the Oranges: U-Haul vs. Public Storage in a Trademark Showdown Over the Color Orange

Miller Canfield on

To be eligible for trademark registration, a color must have acquired distinctiveness and must not be functional. Recently, the Federal Circuit discussed the importance that a color mark not be functional. ...more

Erise IP

What’s Trending in Trademarks: January 2025

Erise IP on

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: USPTO...more

Offit Kurman

Branding the Produce Aisle: Appealing to Consumer Tastes

Offit Kurman on

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

Volpe Koenig

Recognizing and Avoiding Trademark Scams and Hoaxes

Volpe Koenig on

In this episode of IP Goes Pop!®, hosts Michael Snyder and Joseph Gushue are joined by Jason Lott, Managing Attorney for Trademark Customer Outreach at the US Patent and Trademark Office (USPTO), to explore the evolving...more

Erise IP

What’s Trending in Trademarks, October 2024: T.I., Tiny Win $71.5M Verdict for OMG Girlz, Second Circuit Holds Against 1-800...

Erise IP on

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Third...more

Bricker Graydon LLP

Trademark Tee-Off: Tiger's New Brand in the Bunker?

Bricker Graydon LLP on

The recent launch of Tiger Woods' new clothing line, "Sun Day Red," has ignited something of a debate in the worlds of golf and trademark law. The collection, which features the iconic red attire Woods is known for wearing on...more

Seyfarth Shaw LLP

Marvel and DC Lose “Super Hero” Trademark Registration

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The U.S. Patent and Trademark Office (USPTO) has canceled long-standing trademark registrations for “Super Hero” and “Super Heroes,” which had been previously jointly owned by Marvel and DC Comics....more

DarrowEverett LLP

Super Hero No More: How Marvel and DC Lost Their Trademark on a Genre

DarrowEverett LLP on

I distinctly remember purchasing the Superman/Spiderman team-up when it came out in 1981. It was an oversized comic book, with heavier than usual pages and a vibrant color scheme, and that made it perfect for laying it out on...more

Seyfarth Shaw LLP

A Very Demure and Very Mindful Look at What Celebrities Can Teach Us About Trademarks

Seyfarth Shaw LLP on

What do a social media content creator and reality television stars have in common? Apart from more followers than I’ll ever have, significant issues regarding their trademarks. Jools Lebron, a content creator, was...more

Pillsbury - Propel

Trademark Fundamentals: Likelihood of Confusion

Pillsbury - Propel on

A core concept in trademark law that every startup founder should understand is “likelihood of confusion.” This legal standard plays a pivotal role in both trademark registration and enforcement. It’s essential for protecting...more

Irwin IP LLP

Obtaining Attorneys’ Fees: Exceptional Facts, Not Policy 

Irwin IP LLP on

Lontex Corp. v. Nike, Inc., 107 F.4th 139 (3d Cir. 2024) - On July 10, 2024, the Third Circuit vacated and remanded the district court’s decision to award attorneys’ fees to plaintiff Lontex, a sports apparel brand whose...more

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

MarkIt to Market® – July 2024: Where, What, and How – Trademarks & the Olympic Games (Part 2)

Part 2: WHAT - Last month, we reviewed where the U.S. Olympic & Paralympic Committee (USOPC) derives its trademark rights—if you missed last month’s article, catch up here: June 2024 Article. This month, we are exploring...more

Erise IP

What’s Trending in Trademarks, June 2024: Toms Shoes Says Unauthorized Seller is Hurting Its Brand, Supreme Court Passes on...

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Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Toms...more

Troutman Pepper Locke

EDVA Judge Trims Down Claims in Trademark Dispute Arising From Business Sale

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A pending EDVA case shows how the failure to address intellectual property rights in an asset sale can mushroom into multinational litigation, including a dispute over trademark rights in the United States....more

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