Trademark Infringement, Advertising, Trademark Registration

The Federal Circuit takes on Kisses, Sunlight, and Soft Drinks

Fitch, Even, Tabin & Flannery LLP on 7/30/2025

An application for a US trademark may be rejected if it is likely, when used on or in connection with the goods of the applicant, to cause confusion with another registered mark. On July 23, in Sunkist Growers, Inc. v....more

Fourth Circuit Confirms: Physical Distance Does Not Avoid Trademark Confusion

Harris Beach Murtha PLLC on 5/5/2025

The Fourth Circuit Court of Appeals recently issued a decision confirming that using similar names for businesses in the same industry can result in a likelihood of confusion despite the physical distance of the entities. In...more

Branding the Produce Aisle: Appealing to Consumer Tastes

Offit Kurman on 1/9/2025

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

Canadian Trademark Law 2023: A Year in Review

Smart & Biggar on 1/30/2024

2023 was an active year in Canadian trademark law. Canadian Courts addressed a wide range of issues, from licensing to comparative advertising to co-branding. Notable changes also emerged from the Canadian Trademarks...more

MarkIt to Market® - December 2022

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 12/29/2022

Thank you for reading the December 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Pantone's 2023 Color of the Year and a preliminary ruling in Europe regarding an online marketplace's...more

Using Pop Culture References in Advertisements? Just Do It Right

Knobbe Martens on 10/21/2016

In this age of smartphone cameras and hashtags, an impromptu remark or a right place-at-the-right-time snapshot can “go viral” and create instant and immense goodwill. Businesses today use social media as a tool to promote...more