Cuando la marca viaja en turista y sin registro
Is My Guitar Pedal a Klone or a Counterfeit? — No Infringement Intended Podcast
(Podcast) The Briefing: Trademark Basics – Protecting Names, Logos, and Brands in Entertainment
The Briefing: Trademark Basics - Protecting Names, Logos, and Brands in Entertainment
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Cease and Desist Letters: Protecting Your Intellectual Property the Right Way
(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
Mickey Mouse: un ratón con abogado
(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
(Podcast) The Briefing: Everyone Loves the HBO Series 'White Lotus,' Except Duke University
What Were the Cooler Wars? (Part 2) — No Infringement Intended Podcast
The Briefing: Court Drowns Pepperdine's 'Waves' Trademark Battle Against Netflix
(Podcast) The Briefing: Court Drowns Pepperdine's 'Waves' Trademark Battle Against Netflix
The Briefing: The Stanley Cup Clash - A Trademark Battle (Podcast)
The Briefing: The Stanley Cup Clash - A Trademark Battle
(Podcast) The Briefing: Bad Spaniels – Infringement? No. Dilution? Yes
The Briefing: Bad Spaniels – Infringement? No. Dilution? Yes
Can My Trademark Be a Victim of Genericide? — No Infringement Intended Podcast
The American drinking landscape is undergoing a dramatic transformation. While alcohol used to be a staple for late nights, social gatherings, and weekend relaxation, today's consumers are increasingly mindful about their...more
The US Court of Appeals for the Second Circuit affirmed a district court’s dismissal of a trademark and unfair competition suit, ruling that the plaintiff did not own the asserted trademark. The Court also held that the owner...more
We have passed the midpoint of 2025, and the landscape of intellectual property law continues to evolve at a rapid pace, shaped by emerging technologies, and shifting judicial interpretations. From pivotal Supreme Court...more
While reality stars often use their on-camera exposure to kick-start their personal brand, sustaining momentum relies heavily on cultivating a strong social media presence to stay connected with their audience. Not...more
Columbia Sportswear and Columbia University both use the word mark “COLUMBIA” on apparel. To prevent confusion and avoid a trademark fight, the parties entered into a co-existence agreement in 2023 to let the University keep...more
In this episode of The Upper Brand, hosts Kristine Young and Rich Assmus delve into the Penn State v. Vintage Brands case, exploring the complexities of trademark use in collegiate merchandise. They discuss the legal...more
U.S. trademark rights stop at the border. If your business operates internationally or plans to expand abroad, you need to understand how to protect your trademark rights beyond the United States. Unlike the U.S., many...more
Fanatics, LLC v FanFirm Pty Ltd [2025] FCAFC 87 - The Full Federal Court of Australia has passed judgment on a clash between local sports merchandiser, FanFirm Pty Limited, and a global opponent, Fanatics, LLC in a case about...more
In trademark law, distinctiveness is key. The more distinctive a mark, the stronger its legal protection—and the easier to register and enforce the mark. Trademark law classifies marks along a spectrum of distinctiveness,...more
In a recent decision establishing important precedent for trademark rights associated with digital assets, the Court of Appeals in Yuga Labs, Inc. v. Ripps, Case No. 24-879, 2025 WL 2056060 (9th Cir. July 23, 2025), clarified...more
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
As trademark infringement and counterfeit sales continue to disrupt legitimate business on Amazon, Amazon has developed and expanded its intellectual property enforcement tools. In 2025, Amazon introduced enhancements to its...more
While all brand owners desire to protect their trademarks, many do not regularly create or maintain detailed records of their use of their marks. A best practice that may pay dividends for your business, and help to protect...more
The Denver Broncos told a Colorado state court Friday that a now-defunct coffee company illegally used the team’s intellectual property to sell products even though it owed the team over $1.5 million....more
In this episode, Austin Padgett and Rusty Close venture into the dynamic world of guitar pedals, focusing on the iconic Klon Centaur and its creator's legal showdown with Behringer's Centaur Overdrive. While many Klon...more
Nike and Sneaker Customizer Lace Up a Settlement - On June 18, 2025, Nike, Inc. (“Nike”) and Dominic Ciambrone (“Ciambrone”), founder of the shoe customization outfit, The Shoe Surgeon, entered into a confidential...more
From podcast names to iconic sounds, trademarks shape the entertainment world. In this episode of The Briefing, Scott Hervey and Richard Buckley break down what trademarks are, how to get one, and why creators must protect...more
Watching a Cubs game from a nearby rooftop sounds like an ideal afternoon. At Wrigley Field, it became a business. For years, rooftop owners near the stadium sold tickets, served food and drinks, and offered fans a unique...more
Drag queen Vicky Vox failed to revive her lawsuit accusing Netflix and several creators of an animated series of using her likeness without permission....more
From movie titles to podcast logos, trademarks are everywhere in the entertainment industry. But how do you get one—and what does it actually protect? Weintraub attorneys Scott Hervey and Richard Buckley talk about the...more
In this episode of The Upper Brand, Richard Assmus, Kristine Young, and Christa Cole delve into key court cases that have shaped trademark law. They explore the intricacies of functional and generic trademarks, with insights...more
Trademark infringement occurs when someone uses a mark that is confusingly similar to another party’s registered or common law trademark in connection with related goods or services. The key issue is whether consumers are...more
The US Court of Appeals for the Ninth Circuit concluded that a non-fungible token (NFT) is a “good” under the Lanham Act but reversed the district court’s grant of summary judgment for trademark infringement because the owner...more
Key Takeaways - The Ninth Circuit confirmed that non-fungible tokens (NFTs) are ‘goods’ under the Lanham Act and can be protected by trademark law....more
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