News & Analysis as of August 21, 2025

Trademark Infringement

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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +

Trademark Rights Explained: Common Law vs. Federal Registration

DarrowEverett LLP on 8/15/2025

Whether a business is launching a new product or rebranding an existing company, selecting a name, logo, or slogan is a crucial decision. Trademarks are powerful tools that identify the source of goods or services and protect...more

USPTO Kicks “Hijacker” of Foreign Trademark Out the Door

Fish & Richardson on 2/3/2025

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

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

Seyfarth Shaw LLP on 9/13/2024

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

Of Broccolini and Branding: Don't Let Your Trademark Wilt

Knobbe Martens on 9/11/2024

Congratulations on successfully trademarking your product or brand! Now it’s crucial to protect that investment through diligent trademark oversight and enforcement. This involves actively monitoring for, and taking...more

The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

Sheppard Mullin Richter & Hampton LLP on 3/13/2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While...more

2022 Trademark Law Recap: NFTs, Distinct Branding, and the First Amendment

McNees Wallace & Nurick LLC on 1/16/2023

NON-FUNGIBLE TOKENS AND TRADEMARK INFRINGEMENT: WHERE DOES THE LAW STAND? In Nike v. StockX, LLC, Nike filed a trademark infringement lawsuit against StockX, LLC, an online resale sneaker retailer, in February 2022 in the...more

Anticipating President Biden’s Intellectual Property Policy in an Historical Context

Porter Hedges LLP on 6/10/2021

Presidential administrations have affected intellectual property (IP) policy since the very beginning of United States history. In his first State of the Union address in 1790, President George Washington addressed patents....more

Why Register My Trademark? The Benefits of Trademark Registration

Jaburg Wilk on 9/17/2019

A trademark is a word, name, or symbol used to identify and distinguish a seller’s product from those of others. A trademark is part of a company’s brand. It is the embodiment of the company’s reputation. Over time, a...more

Markedly Misunderstood: 4 Common Misconceptions About Trademarks

Hutchison PLLC on 4/18/2019

Everyone is familiar with Trademarks. We are literally surrounded by them. Trademarks are the words, logos, packaging and other devices that we use to differentiate goods and services from each other and are how we can...more

Cocky Controversy Roils Romance Community

Fox Rothschild LLP on 5/22/2018

Alarm bells rather than wedding bells are ringing in the insular but passionate world of romance novels as authors and publishers grapple with the question whether an author can claim exclusive rights to use “cocky” in book...more

Intellectual Property Bulletin - Spring 2017

Fenwick & West LLP on 4/25/2017

It’s Dangerous to Go Alone! Take This. Intellectual Property Tips for the Esports Industry - With the annual Game Developers Conference spectacular in our rearview mirror, and the NBA’s partnership with Take-Two to launch...more

Celebrity Brands: The Line Between Fair Use and Infringement

Jaburg Wilk on 12/15/2016

All brand owners are faced with difficult decisions regarding how aggressively to police their brands. The decision is particularly difficult when the unauthorized use is by a loyal customer or fan. While some traditional...more

Intellectual Property Bulletin - Fall 2016

Fenwick & West LLP on 11/17/2016

Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits - On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more

10 Key Intellectual Property Issues for M&A Deals

Holland & Knight LLP on 11/16/2016

Intellectual property (IP) issues are increasingly important factors in merger and acquisition (M&A) transactions. Of the various industry sector transactions included in recent American Bar Association (ABA) Business Law...more

#Trademarks?: Hashtags as Trademarks Revisited

Morrison & Foerster LLP - Social Media on 7/18/2016

Since our previous article on the emerging issue of trademark rights in hashtags, the use of hashtags in social media marketing has continued to grow. Described as the “ignition keys to a social media keyword search,”...more

Nominative Fair Use: The Second Circuit Joins Neither The Third Nor Ninth Circuits In Its Approach

Akerman LLP on 5/30/2016

In an important decision delineating the boundaries of fair use of another person’s trademark, the Second Circuit announced a standard by which nominative fair use of a trademark will be evaluated in that Circuit in...more

Hashtags, Trademarks and One #ProudMama

Pillsbury - Internet & Social Media Law Blog on 12/30/2015

We have previously discussed how the use of the hashtag in trademarks is continuously evolving. As it turns out, the latest evolutionary wrinkle might have started to form this past March, thanks to one of pop culture’s more...more

Issues to Be Aware of When Seeking Trademark Protection

McDonnell Boehnen Hulbert & Berghoff LLP on 12/4/2015

Trademarks are valuable tools for businesses since they allow a trademark holder to identify and distinguish its goods from those manufactured or sold by others. However, there are many issues to be aware of when seeking...more

Dangers in Pro-se Federal Trademark Prosecution: Errors in Owner Identification Can Render a Seemingly Valid Registration Void

Lowndes on 8/14/2015

Many trademark owners choose to file and prosecute their own trademark applications before the United States Patent and Trademark Office (USPTO). The wisdom of filing these pro-se applications, however, is questionable in...more

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