Is My Guitar Pedal a Klone or a Counterfeit? — No Infringement Intended Podcast
(Podcast) The Briefing: Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
The Briefing: Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
(Podcast) The Briefing: Trademark Smoked: The Fall of General Cigar’s COHIBA Registration
The Briefing: Trademark Smoked: The Fall of General Cigar’s COHIBA Registration
(Podcast) The Briefing: Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations
(Podcast) The Briefing: Trademark Mayhem – Lady Gaga Gets Sued for Trademark Infringement
The Briefing: Trademark Mayhem – Lady Gaga Gets Sued for Trademark Infringement
The Briefing: Everyone Loves the HBO Series 'White Lotus,' Except Duke University
SCOTUS and federal court rulings on TTAB decisions on granting trademarks and trademark renewals; Netflix settling an anticipated defamation case with a disclaimer and donation
Tag, You’re Sued: Graffiti Artists Sue Over Use of Their Tags
(Podcast) The Briefing: Tag, You’re Sued: Graffiti Artists Sue Over Use of Their Tags
The IP of Everything Podcast - Episode 22 - The IP of Dog Toys
Roundup of 2023 Entertainment Law Cases: Analysis SAG/AFTRA and WGA contracts, No Parody of Iconic Sneaker, AI Copyright Highlights China vs US law; SCOTUS Bad Spaniel and Warhol/Prince.
The Briefing: Once Upon A Time – SCOTUS Rejects Trademark Infringement Claim Against Quentin Tarantino Film
(Podcast) The Briefing: Once Upon A Time – SCOTUS Rejects Trademark Infringement Claim Against Quentin Tarantino Film
(Podcast) The Briefing: SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional
The Briefing: SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional
The Briefing: The Supreme Court Limits the Reach of The Lanham Act [PODCAST]
The U.S. Court of Appeals for the Federal Circuit held that the test for determining whether a word mark is generic also applies to color marks....more
The Federal Circuit’s recent decision in Heritage Alliance v. American Policy Roundtable, Case No. 24-1155 (Fed. Cir. Apr. 9, 2025), provides a salient reminder to brand owners seeking to build value in descriptive trademarks...more
The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s dismissal of an opposition to the registration of the marks IVOTERS and IVOTERS.COM while also noting that the US Patent &...more
The US Court of Appeals for the Federal Circuit upheld a Trademark Trial & Appeal Board decision to partially cancel trademarks, ruling that an opposition challenger could not use the zone of natural expansion doctrine to...more
TTAB sustains opposition based on reputation without use in the United States - UNITED STATES OF AMERICA Legal updates: case law analysis and intelligence - The opponent, owner of Venezuelan company La Montserratina,...more
Suppose that you have obtained a U.S. trademark registration for your trademark on goods or services for your business. Can your trademark registration be cancelled with the U.S. Patent and Trademark Office based on...more
The US Court of Appeals for the Federal Circuit affirmed Trademark Trial & Appeal Board rulings, finding that a previously generic term was not generic at the time registration was sought because at that time the mark, as...more
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
2024 has been a busy year in all intellectual property. It has been especially busy in trademark law. Here are the top seven cases in trademark law to date....more
In a recent precedential decision, the Trademark Trial and Appeal Board (the “Board”) found that Door Dash, Inc. (“Door Dash”) was merely doing what all trademark owners must do—protect their valuable rights. Door Dash, Inc....more
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
The US Court of Appeals for the Federal Circuit affirmed the dismissal of a petition seeking to cancel the registered marks of two wineries, finding the petitioner (a trust owning an interest in a competitor winery) lacked...more
In Great Concepts, the court addressed whether Section 14 of the Lanham Act, which permits cancellation of a mark’s registration if “its registration was obtained fraudulently,” permits cancellation due to the owner’s filing...more
With the U.S. Supreme Court beginning a new session, many are wondering what new issues the Court will address this term. One case the Court is scheduled to hear involves the relationship between the Lanham Act and First...more
In 2021, the Trademark Trial and Appeal Board cancelled Great Concepts, LLC’s trademark registration for the mark DANTANNA’S for restaurant services under Section 14, after finding that counsel for the Registrant committed...more
In a split panel decision, the US Court of Appeals for the Federal Circuit overturned the Trademark Trial & Appeal Board and ruled that a fraudulent declaration under Section 15 of the Lanham Act is not a basis for...more
As part of its ongoing efforts to improve and maintain the accuracy of the Trademark Register, and combat trademark scams and bot-filed trademark applications, the USPTO has revised examination procedures for reviewing...more
Trademarks help brand owners build and communicate their brand’s reputation and value with the relevant public. Once that valuable goodwill is linked between a mark and the owner’s products and services, trademark owners can...more
Thank you for reading the August 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we conclude our series that explores ways to lose trademark rights with an examination of naked licensing, discuss a...more
The intersection of free speech and private business branding is once again in front of the Supreme Court of the United States. On June 5th, the Supreme Court decided to hear Vidal v. Elster, Case 22-704, an appeal from the...more
Thank you for reading the July 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we continue our three-part series that closely examines ways to lose trademark rights with a discussion of genericide. We...more
The U.S. Supreme Court continues to show interest in trademark issues with its recent grant of certiorari in another case pitting the Lanham Act against the First Amendment....more
Recently, Melissa Jefferson, known professionally as Lizzo, took on the USPTO in a battle to establish trademark rights to a popular lyric from her 2017, Billboard-topping song Truth Hurts. The phrase, “100% That B—h”, which...more
A trademark is any word, phrase, symbol, design, or combination of these things that identifies a single source for certain products or services. Trademarks identify the source of certain products or services, provide legal...more
In a precedential opinion addressing the most fundamental requirement for trademark protection, the Trademark Trial & Appeal Board (Board) affirmed the US Patent & Trademark Office’s (PTO) refusal to register a “#” based mark...more