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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 +
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 thirty days. less -
DarrowEverett LLP

Trademark Rights Explained: Common Law vs. Federal Registration

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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

Quarles & Brady LLP

AI Search Tool Coming to Design Patent Examination

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The U.S. Patent and Trademark Office (USPTO) has announced the rollout of DesignVision, an advanced AI‑powered image search tool now integrated into the examination system for U.S. design patent applications. According to the...more

Proskauer - The Patent Playbook

Value and Risk of Overlapping Intellectual Property Protections

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A well-orchestrated intellectual property strategy requires carefully and thoughtfully leveraging copyright, trademark, and patent laws, as highlighted by a recent decision handed down by the United Sates Court of Appeals for...more

Fish & Richardson

USPTO Kicks “Hijacker” of Foreign Trademark Out the Door

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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

Beacon Insights by JD Supra

The Year in Intellectual Property Law – 2024 Popular Reads on JD Supra

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File under: a year-end recap of some of the most widely read IP updates, analysis, and guidance published on JD Supra throughout 2024....more

Dorsey & Whitney LLP

A SUPER HERO-ic Trademark Takedown

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Last month, the creators of beloved characters like “Superman” and “Spider-Man” declined to come to their own rescue when their SUPER HERO and SUPER HEROES registrations were cancelled by a default judgment from the U.S....more

McGlinchey Stafford

Five Things Celebrity Athletes and Musicians Should Consider When Entering into Cannabis Branding Agreements

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What do Megan Rapinoe, Kevin Durant, Shawn Kemp, Calvin Johnson, Willie Nelson, Wiz Kalifa, Margo Price, and Sublime all have in common? They all have created their own boutique cannabis brands. As cannabis has become more...more

Seyfarth Shaw LLP

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

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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

Knobbe Martens

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

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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

Whiteford

Understanding the Basics: What are Trademarks and Service Marks?

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In the realm of professional associations, establishing a strong and recognizable brand is crucial. Trademarks and service marks are essential tools that not only protect your association's brand but also enhance its...more

Butler Snow LLP

New Utah NHL Team Takes Shot-Pass With Nine Intent-to-Use Trademark Applications

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Though the NHL Stanley Cup Playoffs are in full swing, a lot of off-ice activity is happening as a result of the sale of the Arizona Coyotes to Utah Jazz owners Ryan and Ashley Smith’s Smith Entertainment Group. Most hockey...more

McDermott Will & Schulte

ITU Applicants Beware: Federal Courts Have Jurisdiction Over Pending Trademark Applications

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The US Court of Appeals for the Ninth Circuit affirmed in part a district court’s ruling in a trademark dispute, upholding its decision to invalidate trademark applications. The Ninth Circuit held that district courts have...more

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

MarkIt to Market® - March 2024: True Fans Keep It Real: Behind the IPR Center's Operation Team Player Public Awareness Campaign

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While many brand owners are generally aware of and work with U.S. Customs and Border Protection (CBP) to record trademark and copyright registrations and help with seizures, fewer may understand the role of the National...more

Benesch

Artificial Intelligence Presents Challenges for Intellectual Property Laws’ Focus on Human Creation

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Artificial intelligence (AI) and its ability to generate content closely resembling human output present issues with respect to IP ownership. Maybe you have asked ChatGPT to create a flashy advertisement or write some code...more

Sheppard Mullin Richter & Hampton LLP

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

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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

Saul Ewing LLP

What Is ‘GPT’ And Who Owns It?

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Within the last year ‘ChatGPT’ has become a household name. Some may even know that a company called OpenAI created the chatbot service based on artificial intelligence. What you may not know is that OpenAI applied to...more

Haug Partners LLP

Balancing Artificial Intelligence and Intellectual Property: Human Authorship a “Bedrock Requirement of Copyright”

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Whether it is a smartphone, a fraud alert received from a financial institution, a vehicle modifying its settings based on current driving conditions, or  political ads that will soon infiltrate our airwaves, artificial...more

Baker Donelson

Taco Bell Seeks Cancellation of the "Taco Tuesday" Trademark

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On May 16, 2023 (a Tuesday), fast food franchise Taco Bell launched its campaign to "liberate" the TACO TUESDAY trademark by filing legal petitions with the United States Patent and Trademark Office (USPTO) to cancel the...more

McDermott Will & Schulte

2023 IP Outlook: The Impact of the Metaverse and NFTs on IP Protections

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In 2023, we believe that intellectual property issues in relation to the metaverse, blockchain technologies and crypto assets will continue to be an important focus for brand owners and for businesses entering or expanding...more

McNees Wallace & Nurick LLC

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

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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

Pierce Atwood LLP

IP Rights in Virtual Fashion: Lessons Learned in 2022 and Unanswered Questions

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There was a lot of talk and much hype about the “metaverse” in 2022. While some were skeptical and stayed on the sidelines to watch, many companies began offering virtual counterparts to their real-world products for use by...more

Cadwalader, Wickersham & Taft LLP

Intellectual Property Law: Looking Forward to 2023

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With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of...more

Venable LLP

Trademarks and Source Identifiers in the Metaverse: Practical Considerations for Brand Owners in a Newly Emerging Virtual...

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​​​​​​​As technology and the physical lives of consumers continue to converge, businesses active in metaverse and blockchain technologies will need to think about how their brands and source identifiers might evolve or change...more

Hogan Lovells

Virtual goods and NFTs – IP protection of digital assets in gaming, social media and the metaverse

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Digital assets and NFTs being all the rage, the European Union Intellectual Property Office (EUIPO) is increasingly receiving trademark applications covering virtual goods and NFTs, the regulatory classification of which is...more

Clark Hill PLC

Trademarks in the Metaverse

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The USPTO has shared new insights concerning Metaverse-based trademark applications. As brand owners attempt to expand their digital footprint, they are facing feedback from examining attorneys due to the likelihood of...more

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