Trademark Infringement, Trademark Application, Appeals

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

Three Point Shot - June 2025

Proskauer Rose LLP on 7/14/2025

Hubble-Bubble in the Chewing Gum Industry: Big League Chew and Licensee Stretch Arguments in Ongoing Trade Dress Suit - The business relationship between Big League Chew Properties LLC (“Big League Chew”), the owner of...more

TTAB Sustains Opposition Based on Reputation Without Use in the United States

Ladas & Parry LLP on 3/26/2025

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

What’s Trending in Trademarks: November 2024: Injunction Upheld in OpenAI v. Open AI; USPTO Modifies Audit Practice to Target...

Erise IP on 11/27/2024

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: 9th Cir....more

JONES DAY TALKS®: Women in IP: 2020 in Review and a Look Toward 2021

Jones Day on 12/10/2020

Jones Day's Meredith Wilkes and Anna Raimer discuss 2020's most significant developments in trademark law and preview what's to come in 2021, including possible progress in Washington on the highly anticipated Trademark...more

In Long-Running Dispute, ITC Rules Chuck Taylor Sneakers Protectable But Not Infringed

ArentFox Schiff on 11/6/2020

Converse – In re Certain Footwear Products, Inv. No. 337-TA-936 (Remand, 2020) - It has been over six years since Converse first filed its headline-grabbing International Trade Commission complaint against over thirty...more

When appealing bears fruit: Pear Technologies v EUIPO – Apple

International Lawyers Network on 4/11/2019

Are apples different from pears? Or are they both just fruit? Or, as cockney rhyming slang would have it, are they stairs? These are the questions (excepting the last one) that the distinguished judges of the Court of Justice...more

Walmart Burned by the Jury in Trademark Infringement Suit

UB Greensfelder LLP on 2/22/2019

Earlier this month, a federal jury in North Carolina hit Walmart with a $95.5 million verdict for its willful infringement of Variety Stores, Inc.’s “BACKYARD” trademarks. The jury awarded $45.5 million as a reasonable...more

Year-end Round-up: Notable Trademark Case Law From 2018

Smart & Biggar on 2/2/2019

There were many interesting trademark cases coming out of 2018, a few of which are discussed below. The scope of Canada’s anti-dilution remedy (section 22 of the Trademarks Act) is not limited to a defendant’s use of a...more

The Skinny on “Thins”

Akerman LLP - Marks, Works & Secrets on 10/16/2018

According to the Federal Circuit, the skinny on the term “Thins” is that it may be generic for thinly cut snack crackers. Real Foods Pty Ltd. V. Frito-Lay North America, Inc., (October 4, 2018 Fed. Cir.)....more

Europe – General Court: Bad faith’s link to likelihood of confusion

Hogan Lovells on 2/15/2018

(Case analysis: T-687/16 – Koton Magazacilik Tekstil Sanayi ve Ticaret AS v EUIPO / Joaquín Nadal Esteban) - Successfully proving bad faith in a cancellation action can be a challenge....more

Food & Beverage Litigation Update | January 2018 #3

Shook, Hardy & Bacon L.L.P. on 1/29/2018

House Panel Questions FDA Officials on Food-Recall Audit - One day after the U.S. Food and Drug Administration (FDA) issued draft guidance on proposals to expedite product warnings and recalls, FDA and other health officials...more

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